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CITY  OF  YONKERS 


Code  of  Ordinances 


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ADOPTED  BY  THE  COMMON  COUNCIL 
DECEMBER  26,  1911 


3 ic7-f  7 
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Digitized  by  the  Internet  Archive 
in  2017  with  funding  from 

University  of  Illinois  Urbana-Champaign  Alternates 


https://archive.org/details/codeofordinancesOOyonk 


OFFICERS  OF  THE  LATE  VILLAGE  OF  YONKERS. 


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11 


ALDERMEN 

Year. 

First  Ward. 

Second  Ward. 

Third  Ward. 

1872-3 

Eli  L.  Seger 

John  Brennan 

Albert  Keeler 

Wm.  Macfarlane 

Ethan  Flagg 

H.  L.  Garrison 

1873-4 

Eli  L.  Seger 

John  Brennan 

Albert  Keeler 

Wm.  Macfarlane 

H.  L.  Garrison 

James  Stewart 

1874-5 

Eli  L.  Seger 

Abram  S.  Radcliff 

Wm.  Macfarlane 

Chas.  T.  Mercer 

James  Stewart 

John  S.  White 

1875-6 

Abram  S.  Radcliff 
Joseph  W.  Riley 

Chas.  T.  Mercer 

Wm.  H.  Copcutt 

John  S.  White 

Robert  Neville 

1876-7 

Joseph  W.  Riley 
Joseph  M.  Murphy 

Wm.  H.  Copcutt 

James  W.  Mitchell 

Robert  Neville 

G.  L.  Morse 

1877-8 

Joseph  W.  Riley 
Joseph  M.  Murphy 

James  W.  Mitchell 
Joseph  M.  Tompkins 

G.  L.  Morse 

Fred.  Shonnard 

1878-9 

Thomas  Egan 

Bernard  Cullen 

Joseph  M.  Tompkins 
Edward  Underhill 

Isaac  D.  Cole 

G.  W.  Valentine 

1879-80 

Thomas  Egan 

Bernard  Cullen 

Edward  Underhill 
Jonathan  Vail 

Isaac  D.  Cole 

John  Pagan 

1880-1 

Thomas  Egan 

Edward  J.  Mitchell 

Edward  Underhill 
Jonathan  Vail 

John  Pagan 

Wm.  P.  Ketcham 

1881-2 

Thomas  Egan 

Edward  J.  Mitchell 

Edward  Underhill 
Jonathan  Vail 

Wm.  P.  Ketcham 

John  F.  Thomson 

1882-3 

Thomas  Egan 

Edward  J.  Mitchell 

Jonathan  Vail 

Leander  Hodges 

John  F.  Thomson 

Fisher  A.  Baker 

1883-4 

Edward  J.  Mitchell 
Thomas  Egan 

Leander  Hodges 

Chas.  T.  Mercer 

Fisher  A.  Baker 

J.  Irving  Burns 

1884-5 

Edward  J.  Mitchell 
Thomas  Egan 

Chas.  T.  Mercer 
Thomas  L.  Mottram 

J.  Irving  Burns 

Michael  F.  Murray 

1885-6 

Edward  J.  Mitchell 
George  H.  Lowerre 

Thomas  L.  Mottram 
Wm.  Greenhalgh 

Michael  F.  Murray 

Edwin  A.  Quick 

1886-7 

George  H.  Lowerre 
Wm.  H.  Casey 

Wm.  Greenhalgh 

John  Schlobohm 

Edwin  A.  Quick 

Maurice  H.  Downing 

1887-8 

Wm.  H.  Casey 

Thos.  J.  Lally 

John  Schlobohm 
Edward  Underhill 

Maurice  H.  Downing 

John  J.  Broderick 

1888-9 

Thos.  J.  Lally 

Jas.  P.  Gorman 

John  Schlobohm 
Edward  Underhill 

John  J.  Broderick 

Chas.  H.  Butler 

Ill 


ALDERMEN. 


Fourth  Ward. 

Fifth  Ward. 

Sixth  Ward. 

Seventh  Ward. 

Henry  R.  Hicks 

Zeb.  H.  Brower 

Henry  R.  Hicks 
Michael  Mooney 

Henry  R.  Hicks 
Michael  Mooney 

Henry  R.  Hicks 
Michael  Mooney 

Henry  R.  Hicks 
Michael  Mooney 

Henry  R.  Hicks 

I.  V.  Underhill 

Henry  R.  Hicks 

I.  V.  Underhill 

Henry  R.  Hicks 

I.  V.  Underhill 

Henry  R.  Hicks 

L.  V.  Underhill 

Henry  R.  Hicks 

Jas.  F.  D.  Crane 

Henry  R.  Hicks 

Jas.  F.  D.  Crane 

Henry  R.  Hicks 
Michael  Mooney 

Michael  Mooney 

I.  V.  Underhill 

Michael  Mooney 

T.  V.  Underhill 

Michael  Mooney 

I.  V.  Underhill 

Michael  Mooney 

I.  V.  Underhill 

Michael  Mooney 

John  A.  Kane 

IV 


ALDERMEN — Continued. 

Year. 

First  Ward. 

Second  Ward. 

Third  Ward. 

1889-90 

Jas.  P.  Gorman 

Thos.  J.  Lally 

John  Schlobohm 
Marvin  R.  Oakley 

Chas.  H.  Butler 

John  J.  Broderick 

1890-1 

Thos.  J.  Lally 

Finton  Phelan 

Marvin  R.  Oakley 

John  Schlobohm 

John  J.  Broderick 

Edwin  A.  Quick 

1891-2 

Thos.  J.  Lally 

Finton  Phelan 

Marvin  R.  Oakley 
John  Schlobohm 

John  J.  Broderick 

Edwin  A.  Quick 

1892-3 

John  F.  Brady 

Thos.  J.  Lally 

Marvin  R.  Oakley 

A.  H.  Tompkins 

John  J.  Broderick 

Thomas  E.  Booth 

1893-4 

John  F.  Brady 

Thos.  J.  Lally 

A.  H.  Tompkins 

Henry  Gaul 

John  J.  Broderick 

Thomas  E.  Booth 

1894-5 

Thos.  J.  Lally 

Leslie  Sutherland 

A.  H.  Tompkins 

Henry  Gaul 

John  J.  Broderick 

George  H.  Kaler 

1895-6 

Leslie  Sutherland 
Michael  Fitzgerald 

A.  H.  Tompkins 

Henry  Gaul 

John  J.  Broderick 

George  H.  Kaler 

1896-7 

John  H.  South  wick 
Charles  E.  Skinner 

E.  Alex.  Houston 
Arthur  W.  Nugent 

George  H.  Kaler 

Hyatt  L.  Garrison 

1897-8 

Charles  E.  Skinner 
John  H.  Southwick 

Arthur  W.  Nugent 

E.  Alex.  Houston 

George  H.  Kaler 

Hyatt  L.  Garrison 

1898-9 

John  H.  Southwick 
William  H.  Costello 

Jere  A.  McCue 

John  Schlobohm 

Hyatt  L.  Garrison 

George  H.  Kaler 

1899-1900 

William  H.  Costello 
John  H.  Southwick 

John  Schlobohm 

Jere  A.  McCue 

Harry  A.  Archibald 

Hyatt  L.  Garrison 

1900-1 

John  H.  Southwick 
. William  H.  Costello 

John  H.  Coyne 

John  Schlobohm 

Hyatt  L.  Garrison 

Harry  A.  Archibald 

V 


ALDERMEN. — Continued. 


Fourth  Ward 

Fifth  Ward 

Sixth  Ward 

Seventh  Ward. 

Wm.  Austin 

John  A.  Kane 

Wm.  Austin 

John  A.  Kane 

John  A.  Kane 

David  H.  Taxter 

John  A.  Kane 

David  H.  Taxter 

John  Schlobohm 
Geo.  U.  Stewart 

John  A.  Kane 

Joseph  H.  Beall 

John  Schlobohm 
James  P.  Dunn 

Joseph  II.  Beall 
Michael  Mooney 

James  P.  Dunn 
John  Schlobohm 

Michael  Mooney 
Edgar  U.  Reynolds 

John  Schlobohm 

E.  Alex.  Houston 

Michael  Fitzgerald 
Leslie  Sutherland 

Henry  Gaul 

A.  H.  Tompkins 

John  J.  Broderick 
Patrick  J.  Curran 

E.  U.  Reynolds 
Michael  Mooney 

Leslie  Sutherland 
John  J.  Loehr 

A.  H.  Tompkins 
Robert  Ferguson 

John  J.  Broderick 
Patrick  J.  Curran 

E.  U.  Reynolds 
Michael  Mooney 

John  J.  Loehr 
Michael  J.  Walsh 

Robert  Ferguson 

A.  H.  Tompkins 

Patrick  J.  Curran 
Michael  H.  Reagan 

Francis  J.  Hackett 
Dudley  F.  Valentine 

Michael  J.  Walsh 
John  J.  Loehr 

A.  H.  Tompkins 
Robert  Ferguson 

Michael  H.  Reagan 
Patrick  J.  Curran 

Dudley  F.  Valentine 
Francis  J.  Hackett 

John  J.  Loehr 
Michael  J.  Walsh 

Robert  Ferguson 

A.  H.  Tompkins 

Patrick  J.  Curran 
Michael  H.  Reagan 

Francis  J.  Hackett 
Dudley  F.  Valentine 

VI 


ALDERMEN. 


First  Ward. 

Second  Ward. 

Third  Ward. 

1901-2 

Wm.  H.  Costello 

John  H.  Southwick 

John  H.  Coyne 

John  Schlobohm 

Hyatt  L.  Garrison 

Harry  A.  Archibald 

1902-3 

John  H.  Southwick 
George  N.  Rigby 

John  H.  Coyne 

John  Schlobohm 

William  Shrive 

Hyatt  L.  Garrison 

1903-4 

George  N.  Rigby 

John  H.  Southwick 

John  H.  Coyne 

John  H.  Schlobohm 

William  Shrive 

Hyatt  L.  Garrison 

1904-5 

Daniel  J.  Cashin 

John  H.  Southwick 

John  H.  Coyne 

Arthur  W.  Nugent 

Hyatt  L.  Garrison 

Harry  A.  Archibald 

1905-6 

Daniel  J.  Cashin 

John  H.  Southwick 

John  H.  Coyne 

Arthur  W.  Nugent 

Harry  A.  Archibald 

Alfred  C.  Bechet 

1906-7 

Daniel  J.  Cashin 

John  H.  Southwick 

Arthur  W.  Nugent 
John  M.  Richardson 

Alfred  C.  Bechet 

Charles  E.  Otis 

1907 

Daniel  J.  Cashin 

John  H.  Southwick 

Arthur  W.  Nugent 
John  M.  Richardson 

Alfred  C.  Bechet 

Charles  E.  Otis 

1908-9 

Charles  P.  Miller 

Arthur  W.  Nugent 

Frederick  C.  Lawyer 

1910-11 

Charles  P.  Miller 

Arthur  W.  Nugent 

& 

Frederick  C.  Lawyer 

1912 

Charles  P.  Miller 

William  H.  Healy 

John  S.  Davis 

Vll 


ALDERMEN — Continued. 


Fourth  Ward. 

Fifth  Ward. 

Sixth  Ward. 

Seventh  Ward. 

John  J.  Loehr 
Michael  J.  Walsh 

Robert  Ferguson 

A.  H.  Tompkins 

Patrick  J.  Curran 
Michael  H.  Reagan 

Dudley  F.  Valentine 
Francis  J.  Hackett 

John  J.  Loehr 
John  T.  Geary 

Robert  Ferguson 
Edward  J.  Earl 

Patrick  J.  Curran 
Michael  H.  Reagan 

Clarence  W.  Clark 
Dudley  F.  Valentine 

John  J.  Loehr 
John  T.  Geary 

Robert  Ferguson 
Edward  J.  Earl 

Patrick  J.  Curran 
Michael  H.  Reagan 

Clarence  W.  Clark 
Dudley  F.  Valentine 

John  J.  Loehr 
Peter  F.  Smyth 

Robert  Ferguson 

Jos.  Schmeckenbecher 

William  F.  Corbalis 
Michael  H.  Reagan 

Clarence  W.  Clark 
Dudley  F.  Valentine 

John  J.  Loehr 
Peter  F.  Smyth 

Jos.  Schmeckenbecher 
Robert  Ferguson 

William  F.  Corbalis 
Michael  H.  Reagan 

Claernce  W.  Clark 
Fred’k.  H.  Stilwell 

John  J.  Loehr 
Thomas  F.  Larkin 

Robert  Ferguson 

Jos.  Schmeckenbecher 

William  H.  Corbalis 
Michael  H.  Reagan 

Seymour  Mooney 
Fred’k.  H.  Stilwell 

Thomas  F.  Larkin 
John  J.  Loehr 

Robert  Ferguson 

Jos.  Schmeckenbecher 

William  F.  Corbalis 
Michael  H.  Reagan 

Seymour  Mooney 
Fred’k.  H.  Stilwell 

John  J.  Loehr 

Stephen  Porach 

William  F.  Corbalis 

John  M.  Meyers 

Thomas  M.  Tobin 

Isaac  R.  Minnerly 

William  F.  Corbalis 

John  L.  Hayes 

Harry  T.  Foley 

Stephen  Porach 

William  F.  Corbalis 

Daniel  H.  Bricker 

Vlll 


Eighth  Ward. 


ALDERMEN — Continued. 


Ninth  Ward. 


B.  F.  R.  Adams 
B.  F.  R.  Adams 
B.  F.  R.  Adams 


Fred’k.  H.  Stilwell 
Fred’k.  H.  Stilwell 
Fred’k.  H.  Stilwell 


Tenth  Ward. 


Seymour  Mooney 
Seymour  Mooney 
Seymour  Mooney 


IX 


CITY  OFFICERS. 


CITY  OF  YONKERS. 


19  12. 

Mayor— JAMES  T.  LENNON. 


Executive  Clerk — Thomas  A.  Brogan. 

City  Clerk — Joseph  F.  O’Brien.  Deputy — John  T.  Geary.  Assistant — Elmer  J.  Craft. 

COMMON  COUNCIL 
President — John  J.  Sloane. 


Aldermen: 


First  Ward — Charles  P.  Miller, 
Second  Ward — William  H.  Healy, 
Third  Ward — John  S.  Davis, 
Fourth  Ward — Harry  T.  Foley, 
Fifth  Ward — Stephen  Porach, 


Sixth  Ward — William  F.  Corbalis, 
Seventh  Ward — Daniel  H.  Bricker, 
Eighth  Ward — B.  F.  R.  Adams, 
Ninth  Ward — Frederick  H.  Stilwell 
Tenth  Ward — Seymour  Mooney. 


SUPERVISORS. 


First  Ward — George  Engle, 

Second  Ward — Arthur  C.  Barrett, 
Third  Ward — Edward  A.  Forsyth, 
Fourth  Ward — John  J.  Stahl, 

Fifth  Ward — Thomas  J.  O’Brien, 


Sixth  Ward — Michael  J.  Nolan, 
Seventh  Ward — William  Dunn, 

Eighth  Ward — Alfred  M.  Bailey, 
Ninth  Ward — Benjamin  Fitz  Gibbon, 
Tenth  Ward — Michael  J.  Molloy. 


MISCELLANEOUS. 

Comptroller — Joseph  Miller.  Deputy — James  D.  McIntyre.  Auditor — Frank  G.  Gertenbach. 

City  Treasurer — Gideon  H.  Peck.  Deputy  City  Treasurer — Ethelbert  B.  Embree.  Tax 

Receiver — Charles  E.  Hartshorn,  jr.  Deputy  Receiver — William  E.  Folkes. 

Commissioner  of  Public  Safety — James  J.  Fleming.  Deputy — George  C.  Kearns.  Con- 
fidential Secretary — Jos.  P.  Crowley.  Clerk  of  Police  Department — James  D.  Ivers. 

Health  Officer — Dr.  William  S.  Coons.  Deputy — Dr.  John  A.  Faiella.  Health  Physicians — 
Dr.  C.  V.  Umsted,  Dr.  Douglas  C.  Paterson,  Dr.  Eugene  J.  Gallagher. 

Commissioner  of  Public  Works — John  A.  Brady.  Deputy — Patrick  J.  Farrell.  Park  Super- 
intendent— Henry  Tietze.  Superintendent  of  Water  Works — Edward  L.  Peene. 


X 


City  Engineer — Samuel  L.  Cooper.  Deputy — William  H.  Baldwin.  Assistant — Daniel  Fulton. 
Corporation  Counsel — Thomas  F.  Curran.  Assistant — Max  Cohen. 

Commissioner  of  Charities — Alfred  Fox.  Deputy — Alphons  Blasewitz. 

Building  Inspector — J.  Sims  Bartley.  Assistant — Robert  Griffin. 

Assessors — Robert  H.  Neville.  Chairman;  Daniel  W.  Carroll,  Frederick  D.  Breithack, 
John  J.  Loehr.  Apportionment  Clerk — Patrick  F.  Carroll.  Clerk — William  H.  Fisher. 

City  Judge — Joseph  H.  Beall.  Municipal  Building,  Woodworth  Avenue.  Acting  City 
Judge  — Matthew  Henry  Ellis.  Clerk  — Henry  J.  Ritchie.  Stenographer — Gustav 
Desgrey,  jr.  Marshal — Michael  J.  Meagher.  Interpreter — Alouis  Lindner.  Probation 
Officer — James  J.  Garrity. 

Justices  of  the  Peace — Thomas  W.  Ivers,  Jacob  Wolff,  Bernard  E.  Reardon,  August  P.  Hilger. 

Civil  Service  Commissioners — William  H.  Rubien,  President;  Frank  O.  Brady,  Robert  B. 
Hamilton;  James  H.  Malone,  Secretary. 

Chief  of  Police — Daniel  Wolff.  Captains — William  H.  Lent,  Hugh  D.  Brady,  George  Cooley. 

Chief  of  Fire  Department — James  J.  Mulcahev.  Department  Clerk — William  P.  Constable 

Board  of  Contract  and  Supply — Mayor,  Comptroller,  Public  Works  Commissioner,  Cor- 
poration Counsel  and  City  Engineer.  Secretary — James  V.  Mahony. 

Board  of  Estimate  and  Apportionment — Mayor,  Comptroller,  Corporation  Counsel,  Council 
President  and  City  Engineer;  on  occasions,  as  substitute,  City  Treasurer.  Secretary — 
Joseph  F.  O’Brien. 

Board  of  Education — Chas.  Philip  Easton,  President;  John  F.  Brennan,  Vice  President; 
Dr.  Harry  W.  Bertholf,  Rudolf  Eickemeyer,  John  T.  McKenna,  Samuel  M.  Steven- 
son, Michael  J.  Cantwell,  Dr.  Valentine  Browne,  Richard  Edie,  jr.,  George  Bullock, 
Walter  F.  Haskett,  Matthew  F.  Charde,  Prof.  Marshall  S.  Brown,  Walter  M.  Taussig, 
Timothy  Murray.  Superintendent  and  Clerk,  Charles  E.  Gorton;  Treasurer,  Gideon  H. 
Peck;  Secretary,  J.  H.  Claxton. 

Examining  and  Supervising  Board  of  Plumbers  and  Plumbing — Robert  Harper,  James  J. 
Donovan  and  Alexander  Thomson;  ex-officio.  Health  Officer  Coons,  Pubilc  Works 
Commissioner  Brady,  Plumbing  Inspector  Bray.  James  J.  Hanrahan,  Clerk. 

Board  of  Examiners  of  Engineers — John  H.  Buckley,  John  Brown,  George  B.  McGovern. 
Boiler  Inspector, — John  Brown. 

Municipal  Art  Commission — Rudolf  Eickemeyer,  G.  Howard  Chamberlin  and  D.  Mc- 
Neely  Stauffer. 

Inspector  of  Combustibles — Michael  M.  Landy. 

Sealer  of  Weights  and  Measures — John  D.  Eylers. 

Public  Weighmaster — Robert  Enright. 

Official  Dog-Catcher — Michael  Whalen.  Assistant — John  Gaberino. 


♦ 


Code  of  Ordinances 

OF  THE 

CITY  OF  YONKERS 


ADOPTED  DECEMBER  26,  1911 


TABLE  OF  CONTENTS. 


PAGE 

Article  I. — Corporate  Seal 5 

“ II.— The  City  Clerk 5 

“ III. — The  Public  Streets... 6 

“ IV. — Vehicles  and  Street  Traffic 14 

“ V. — Wharves  and  Docks... 32 

“ VI. — Of  Nuisances  and  the  Preservation 

of  Good  Order 36 

“ VII. — Auctioneers,  Peddling  and  Junk  Shops....  43 

“ VIII. — Excursions  and  Picnics 49 

“ IX. — Sealing  and  Inspection  of  Weights 

and  Measures 50 

“ X. — Sewer  and  Drain  Connections 56 

“ XI. — Fires  and  Precautions  Against  Fire 58 

“ XII.— Of  the  Running  at  Large  of  Animals 

in  the  Streets 60 

“ XIII. — Hackney  Coaches,  Cabs,  Stages,  Dri- 
vers and  Expressmen 63 

“ XIV. — Commissioner  of  Charities 70 

“ XV. — Inspection  of  Steam  Boilers  and  En- 

gineers, and  Licensing  Engineers 

and  Firemen 72 

“ XVI. — Manufacture,  Transportation,  Sale, 

Storage  and  Use  of  Fireworks 81 

“ XVII. — Street  Paving  Materials 95 

“ XVIII.— Building  Code .110 

“ XIX. — Construction  and  Licensing  of  Vaults 

and  Cisterns 190 

XX. — Maintenance  and  Use  of  Garages 198 

“ XXL — Use,  Sale,  Storage,  Giving  or  Trans- 
portation of  Explosives 209 

“ XXII. — Labor  and  Supplies  for  the  Munici- 
pality  228 

“ XXIII. — Sanitary  Code... 229 

“ XXIV. — Miscellaneous  Provisions 282 


349923 


. 


- 


' 


. 

: 


AN  ORDINANCE 


ADOPTING  THE 

CODE  OF  ORDINANCES 

OF  THE 

CITY  OF  YONKERS. 


The  City  of  Yonkers , in  Common  Council  convened , hereby 
ordains  and  enacts: 


ARTICLE  I. 

CORPORATE  SEAL. 

Section  1.  The  corporate  seal  of  the  city  shall  consist 
of  the  device  of  the  bust  of  Washington  with  the  American 
flag  folded  underneath,  surrounded  by  the  words:  “Corpor- 
ation of  the  City  of  Yonkers.” 

ARTICLE  II. 

THE  CITY  CLERK. 

Section  1.  It  shall  be  the  duty  of  the  City  Clerk:  To 
preserve  safely,  keep  and  methodically  arrange  all  papers, 
maps,  surveys,  books,  undertakings  and  deeds  belonging  to 
the  city  or  relating  to  its  affairs  which  now  are  or  hereafter 
shall  be  in  his  possession  as  such  Clerk,  and  to  mark  on  all 
papers  filed  in  his  office  the  time  of  filing  the  same.  He  shall 
not  part  with  the  possession  of  any  papers,  maps,  surveys, 
books,  undertakings  and  deeds  without  permission  of  the 
Common  Council,  except  in  obedience  to  an  order  of  the 
Court,  or  in  pursuance  of  a subpoena  requiring  the  production 
of  the  same. 

§ 2.  To  keep  a journal  of  the  proceedings  of  the  Com- 
mon Council,  and  to  enter  therein  all  resolutions  and  ordin- 


5 


6 


Code  of  Ordinances. 


ances  of  the  Common  Council  within  ten  (10)  days  from  the 
passage  thereof  respectively; 

§ 3.  To  notify,  in  writing,  all  persons  who  shall  be  ap- 
pointed to  any  office  under  or  by  virtue  of  the  charter  of  the 
city  within  twenty-four  (24)  hours  after  the  certificate  of  such 
appointment  shall  have  been  filed  in  his  office,  which  notice 
shall  be  served  either  personally  or  by  mail; 

§ 4.  To  cause  every  ordinance  of  the  Common  Council 
imposing  a penalty  for  the  violation  of  its  provisions  and  any 
amendment  thereto  to  be  published  in  the  official  city  news- 
papers or  newspaper  once  in  each  week  for  two  successive 
weeks,  and  to  procure  duplicate  proofs  of  such  publication 
and  to  file  one  such  proof  in  his  office  and  one  in  the  office  of 
the  Corporation  Counsel: 

§ 5.  To  cause  to  be  published  all  notices  the  publication 
of  which  is  required  by  law,  except  when  the  duty  of  publish- 
ing such  notices  is  imposed  by  law  upon  some  other  officer, 
and  to  procure  duplicate  proofs  of  such  publication  and  to  file 
one  proof  in  his  office  and  one  proof  in  the  office  of  the  Cor- 
poration Counsel; 

§ 6.  To  keep  a journal  of  the  proceedings  of  the  Board 
of  Estimate  and  Apportionment,  and  to  enter  therein  all 
resolutions  of  the  Board  of  Estimate  and  Apportionment 
within  ten  (10)  days  from  the  passage  thereof  respectively. 

ARTICLE  III. 

THE  PUBLIC-  STREETS. 

Section  1.  No  person  shall  place  or  cause  to  be  placed, 
in  or  upon  any  public  street,  sidewalk  or  place,  any  building 
material,  or  any  earth  or  rubbish,  or  any  obstruction  to  the 
free  use  thereof,  without  a written  permit  from  the  Commis- 
sioner of  Public  Works,  under  a penalty  of  five  dollars  ($5.00) 
for  each  offense,  and  a further  penalty  of  five  dollars  ($5.00) 
for  each  and  every  twenty-four  (24)  hours  during  which  the 
articles  or  materials  aforesaid  shall  be  or  remain  in  any  such 


Code  of  Ordinances. 


7 


public  street  or  place  without  such  permit  after  notice  from 
any  officer  or  policeman  of  the  city  to  remove  the  same.  No 
building  materials,  stone,  brick,  iron  or  other  heavy  substance, 
shall  be  dumped,  piled  or  placed  on  any  asphalt  pavement 
unless  the  pavement  has  been  protected  by  a platform,  or 
plank  or  timbers. 

The  Commissioner  of  Public  Works  is  authorized  to  grant 
permits,  upon  payment  to  him  for  the  use  of  the  city  of  the 
sum  of  ten  dollars  ($10.00),  to  deposit  building  materials,  or 
earth,  or  rubbish,  taken  from  any  lot  preparatory  to  building 
in  any  street;  no  such  permits  shall  be  for  a longer  period 
than  three  (3)  months,  nor  authorize  the  obstruction  of  any 
part  of  the  sidewalk,  nor  more  than  one-third  of  the  carriage- 
way of  the  street  opposite  the  lot  or  place  where  the  building 
is  proposed  to  be  erected. 

Any  person  to  whom  such  a permit  is  granted  shall  cause 
all  the  building  material,  earth  and  rubbish  to  be  promptly 
removed  from  the  street  by  the  expiration  of  the  time  limited 
in  such  permit  under  the  penalty  of  five  dollars  ($5.00),  and  a 
further  penalty  of  five  dollars  ($5.00)  for  every  twenty-four 
(24)  hours  that  the  same  shall  be  and  remain  thereon  after 
notice  from  said  Commissioner  or  any  officer  or  policeman 
of  the  city  to  remove  it. 

§ 2.  No  person  shall  disturb  the  surface  of  any  street 
or  sidewalk,  or  dig  up  or  into,  or  tunnel  under  or  undermine, 
or  cut  into  or  in  anywise  injure  or  destroy  the  pavement  of 
any  public  street  or  sidewalk  of  the  city  for  any  purpose 
without  a written  permit  from  the  Commissioner  of  Public 
Works;  under  a penalty  of  not  less  than  five,  (5)  nor  more 
than  one  hundred  and  fifty  dollars  ($150.00)  for  each  offence 
in  the  discretion  of  the  magistrate  convicting. 

The  Commissioner  of  Public  Works  is  authorized  to  grant 
permits  to  open  and  to  excavate  in  a street  or  sidewalk  for 
the  purpose  of  laying  and  repairing  gas  and  water  mains  and 
pipes,  conduits  for  electrical  or  other  wires,  sewer  pipes  and 
drains,  upon  payment  to  him  for  the  use  of  the  city  of  the 
sum  of  ten  dollars  ($10.00),  and  the  filing  with  him  of  a bond 
of  indemnity  in  form,  amount  and  with  sureties  satisfactory 
to  him,  conditioned  on  the  prompt  restoration  of  the  street 


8 


Code  of  Ordinances. 


pavement  and  surface  and  sidewalk  to  its  original  condition, 
and  on  holding  the  city  harmless  from  any  loss  or  damage 
because  of  such  opening  or  excavation. 

No  permit  shall,  however,  be  granted  for  the  opening  or 
excavating  of  any  street  or  public  place  for  the  purpose  of 
laying  gas  mains  or  to  run  conduits  through  and  along  such 
street  or  public  place  until  the  Common  Council  shall  have 
by  ordinance  permitted  the  laying  of  such  mains  or  conduits. 

§ 3 . Any  person  who  shall  place  or  cause  to  be  placed  in 
any  of  the  streets  or  public  places  of  the  city  any  building 
materials,  or  any  earth,  stone,  sand,  or  any  other  obstruction 
whatever,  or  who  shall  make  or  cause  to  be  made  any  exca- 
vation of  such  street  or  public  place,  shall  during  every  night 
that  the  place  shall  continue  open,  cause  such  excavation  to 
be  surrounded  by  a good  and  substantial  barrier  and  a suffi- 
cient light  or  lights  to  be  maintained  near  such  obstruction  or 
excavation  for  the  protection  of  travelers  and  passengers  from 
damage  or  injury  by  reason  of  such  obstruction  or  excavation. 
Any  person  violating  the  provisions  of  this  section  shall  be 
liable  to  a fine  of  not  less  than  one  hundred  dollars  ($100.00) 
nor  more  than  one  hundred  and  fifty  dollars  ($150.00),  but 
nothing  herein  shall  exclude  such  person  from  liability  to 
the  city  for  damages  sustained. 

§ 4.  No  person  shall  expectorate  upon  any  sidewalk, 
nor  leave  or  deposit  any  dead  animal  or  any  manure,  filth, 
waste  dirty  water,  rubbish,  litter,  glass,  china,  nails  or  tacks 
in  or  on  any  of  the  streets  or  sidewalks  of  the  city;  nor  cast 
or  deposit  any  straw,  shavings,  wood,  stone,  shells,  rubbish 
or  any  filth  or  other  substance  tending  to  cause  an  obstruc- 
tion, nuisance  or  injury  in  any  drains,  ditches,  gutters,  sewers, 
and  non-navigable  waters  within  the  city ; nor  cast  or  deposit 
any  filthy  or  dirty  water  upon  their  own  lots  or  buildings  in 
such  manner  that  it  may  flow  or  be  discharged  on  any  street 
or  sidewalk;  nor  maintain  any  private  gutter,  drain  or  pipe 
discharging  water  or  other  fluid  or  substance  upon  or  across 
any  sidewalk;  nor  carry  or  transport  any  substance,  matter 
or  fluid  herein  named,  or  any  sand,  clay  or  earth  through  or 
along  any  street  or  sidewalk,  except  in  a vehicle  so  constructed 
and  loaded  that  the  contents  thereof  will  not  scatter  or  spill. 


Code  of  Ordinances 


9 


Any  person  violating  any  of  the  provisions  of  this  section 
shall  be  punished  by  a fine  of  not  less  than  five  dollars  ($5.00) 
nor  more  than  fifty  dollars  ($50.00),  and  stand  committed 
until  such  fine  be  paid,  not  exceeding  one  day  for  each  dollar 
of  fine  imposed. 

§ 5.  No  person  shall  incumber  the  sidewalks  or  streets 
with  merchandise,  boxes  or  other  articles,  nor  draw,  push  or 
propel  any  hand  cart  or  drive  or  ride  any  horse  or  horses, 
cart,  carriage,  wagon,  bicycle,  motor  cycle,  motor  bicycle  or 
other  vehicle,  except  a baby  carriage,  over  or  upon  any  side- 
walk except  for  the  purpose  of  going  to  or  from  a lot  or  yard ; 
but  nothing  herein  shall  prohibit  placing  goods  and  merchan- 
dise, household  furniture  and  other  articles  on  the  sidewalk 
for  the  purpose  of  loading  or  unloading  the  same,  provided 
they  be  removed  without  delay,  and  sufficient  opening  for 
persons  to  pass  be  always  maintained. 

Any  person  violating  any  of  the  provisions  of  this  section 
shall  be  punished  by  a fine  of  five  dollars  ($5.00),  and  the 
further  penalty  of  five  dollars  ($5.00)  for  every  twenty-four 
(24)  hours,  or  part  thereof,  such  incumbrance  shall  remain 
after  notice  from  any  policeman  or  other  city  official  to  re- 
move the  same,  and  stand  committed  until  such  fine  be  paid, 
not  exceeding  one  day  for  each  dollar  of  fine  imposed. 

§ 6.  It  shall  be  the  duty  of  every  owner  or  occupant 
of  any  house  or  other  building,  and  the  owner  of  any  vacant 
lot  or  building,  to  keep  the  sidewalks  and  gutters  in  front  of 
the  premises  owned  or  occupied  by  him  clear  and  clean  from 
snow,  ice  and  dirt,  and  to  remove  snow  and  ice  from  such 
sidewalks  for  the  whole  width  thereof,  and  from  the  gutters 
for  the  space  of  eighteen  inches  from  the  curbstone  line  within 
six  hours  after  every  fall  of  snow  which  shall  cease  in  the  day 
time,  and  before  twelve  o’clock  noon  of  the  day  after  any  fall 
of  snow  which  may  come  in  the  night  time,  and  in  case  the 
snow  and  ice  are  so  congealed  that  they  cannot  be  removed 
without  injury  to  the  pavement,  shall  cause  said  snow  and 
ice  to  be  strewn  with  ashes  and  sand.  Any  failure  on  the 
part  of  the  owner  or  occupant  of  any  building  or  lot  to  comply 
with  the  provisions  of  this  section  shall  be  punished  by  a fine 
of  not  less  than  one  (1)  nor  more  than  fifteen  dollars  ($15.00). 


10 


Code  of  Ordinances. 


In  addition  to  such  penalty,  in  case  the  owner  or  occu- 
pant shall  not  comply  with  the  provisions  of  this  section  and 
keep  the  sidewalks  and  gutters  free  from  ice  and  snow  as 
herein  required,  the  Commissioner  of  Public  Works  may  cause 
such  work  to  be  done  and  may  cause  such  ice  and  snow  to  be 
removed  and  shall  file  a certificate  of  the  expense  thereof, 
together  with  a description  of  the  property  in  front  of  which 
such  snow  and  ice  were  so  removed,  with  the  City  Clerk,  who 
shall  certify  the  same  to  the  Common  Council  at  the  next 
regular  meeting  thereafter,  and  the  expense  of  such  removal 
shall  be  paid  by  the  owner  or  occupant  of  the  property  abut- 
ting on  the  sidewalk  or  gutter  so  cleaned,  and  may  be  collected 
in  an  action  at  law,  or  may  be  determined,  assessed  and  col- 
lected in  the  same  manner  as  the  general  city  taxes  as  pro- 
vided by  law. 

§ 7 . It  shall  be  the  duty  of  the  owner  of  any  lot  or  piece 
of  land  in  the  city  to  keep  the  sidewalks  in  front  of  the  prem- 
ises owned  by  him  at  all  times  in  good  repair  and  in  a safe 
condition  for  public  use. 

In  case  any  sidewalk  shall  at  any  time  in  the  judgment 
of  the  Commissioner  of  Public  Works  require  repairing  or  im- 
proving, the  said  Commissioner  of  Public  Works  shall  serve 
a notice,  either  personally  or  by  mail,  upon  the  owner  or 
owners  of  the  lot  or  piece  of  land  in  front  of  which  such  side- 
walk is  out  of  repair  or  in  an  unsafe  condition  requiring  the 
owner  or  owners  thereof,  within  ten  days  from  the  service  of 
such  notice,  to  repair  or  improve  such  sidewalk  so  as  to  make 
the  same  in  good  repair  and  in  a safe  condition. 

If  any  owner  or  owners  shall  neglect  or  refuse  to  repair 
or  improve  such  sidewalk  within  the  time  limited  therefor, 
the  Commissioner  of  Public  Works  shall  forthwith  make  such 
repairs  and  improvements  in  such  manner  as  he  shall  deem 
proper  and  suitable,  and  shall  file  a certificate  of  the  expense 
thereof,  together  with  a description  of  the  property  in  front 
of  which  such  improvement  or  repairs  are  made. 

§ 8.  No  person  shall  move,  or  cause  or  permit  to  be 
moved,  any  building  into,  along  or  upon  any  public  street  or 
place,  without  a permit  therefor,  from  the  Commissioner  of 
Public  Works. 


Code  of  Ordinances. 


11 


The  Commissioner  of  Public  Works  is  hereby  authorized 
to  grant  and  issue  permits  for  the  moving  of  a building  across 
or  along,  for  a distance  not  exceeding  two  hundred  (200)  feet, 
any  public  street  or  place  of  the  city,  excepting  streets  on 
which  street  cars  are  operated,  and  streets  included  within 
the  district  bounded  by  the  northerly  line  of  Ashburton 
Avenue,  the  easterly  line  of  Nepperhan  Avenue  and  Nepper- 
han  Terrace,  the  southerly  line  of  Prospect  Street  extended 
to  the  Hudson  River. 

Before  any  such  permit  is  issued,  the  applicant  therefor 
shall  pay  to  the  Commissioner  of  Public  Works  for  the  use  of 
the  city,  a fee  of  twenty-five  dollars  ($25.00),  and  shall  file 
with  him  a bond  in  such  penal  sum  not  exceeding  five  thou- 
sand dollars  ($5,000.00),  with  surety  satisfactory  to  him,  or 
a cash  deposit  not  exceeding  the  same  amount,  or  both,  as 
the  Commissioner  of  Public  Works  may  require,  conditioned 
to  hold  the  city  harmless  from  all  claim  or  liability  by  or  be- 
cause of  the  issuance  of  such  permit,  and  for  the  reimburse- 
ment and  payment  to  the  city  of  the  value  of  any  trees,  hy- 
drants or  other  public  property  that  may  be  destroyed  or 
injured  by  the  moving  of  any  such  building,  and  for  the  pay- 
ment of  any  penalties  which  may  accrue  thereunder. 

No  person  having  permission  to  remove  a building  into, 
along  or  upon  any  public  street  or  place  shall  suffer  or  permit 
the  same  to  remain  therein  for  a longer  period  than  four  days, 
under  penalty  of  one  hundred  dollars  ($100.00)  for  each 
additional  day  over  four  (4)  days  during  which  said  building 
remains  in  whole  or  in  part  upon  such  public  street  or  place. 

Any  person  violating  the  provisions  of  this  section  shall 
be  guilty  of  a misdemeanor  under  a penalty  not  to  exceed 
five  hundred  dollars  ($500.00)  to  be  recovered  by  the  city  in 
a civil  action. 

§ 9.  No  person  shall  draw  or  shove,  or  cause  the  same 
to  be  done,  any  wheel-barrow  or  hand-cart,  or  any  hand 
wagon  used  for  the  conveyance  of  baggage  or  any  article  of 
property,  upon  any  of  the  sidewalks  of  the  city  (except  to 
cross  the  same),  under  the  penalty  of  two  dollars  ($2.00)  for 
each  offence. 


12 


Code  of  Ordinances. 


§ 10.  No  person  shall  ride  on  horseback,  or  on  a bicycle 
or  tricycle,  or  in  any  wagon,  carriage  or  cart,  or  lead  or  drive 
any  horse,  ox,  cow  or  other  animal,  upon  any  sidewalk  (except 
in  necessarily  crossing  the  same)  under  a penalty  of  five  dol- 
lars ($5.00)  for  each  offence. 

§ 11.  The  flagging  of  all  sidewalks  shall  be  laid  upon 
an  incline  of  three  inches  in  ten  feet,  commencing  one  inch 
above  the  curb.  Whenever  any  flagging  shall  be  of’less  width 
than  the  walk,  the  same  shall  be  placed  in  the  middle  of  the 
sidewalk  and  not  elsewhere.  Any  person  violating  this  section 
shall  be  liable  to  a penalty  of  five  dollars  ($5.00)  for  each 
offence,  and  a further  penalty  of  five  dollars  ($5.00)  for  each 
week  that  a walk  laid  down  by  him  in  violation  of  this  section 
shall  remain. 

§ 12 . No  person  shall  fasten  a horse  or  any  other  animal 
to  a tree,  in  any  street,  or  climb,  cut,  bruise  or  otherwise  in- 
jure such  tree,  under  a penalty  of  not  less  than  two  (2)  nor 
exceeding  twenty  dollars  ($20.00),  in  the  discretion  of  the 
magistrate  convicting. 

§ 13.  All  riding  or  sliding  down  hill  on  sleds  or  other 
contrivances  used  for  the  same  purpose,  commonly  called 
coasting,  in  any  of  the  public  streets  of  that  part  of  the  city 
embraced  within  the  corporate  limits  of  the  late  Village  of 
Yonkers,  is  hereby  forbidden.  For  every  violation  of  this 
ordinance  the  offender,  his  parent  or  guardian,  shall  be  liable 
to  a penalty  of  not  less  than  one  dollar  ($1.00),  nor  more  than 
ten  dollars  ($10.00),  in  the  discretion  of  the  magistrate  con- 
victing. 

§ 14.  The  playing  of  ball  and  the  flying  of  kites  upon 
any  street  is  forbidden  under  the  penalty  of  not  less  than  one 
dollar  ($1.00),  nor  more  than  ten  dollars  ($10.00),  in  the  dis- 
cretion of  the  magistrate  convicting. 

§ 15.  Whenever  the  Common  Council  shall  direct  the 
planting  of  shade  trees  on  any  of  the  sidewalks  of  any  street 
avenue  or  square  in  the  city,  the  owners  of  the  property 
fronting  on  the  lines  of  such  street,  avenue  or  square,  shall 
plant  such  species  of  trees,  and  in  such  manner  in  every  re- 
spect and  within  such  times  as  the  Common  Council  shall  by 


Code  of  Ordinances. 


13 


resolution  direct.  No  person  shall  trim  any  shade  trees  on 
any  street,  except  the  Commissioner  of  Public  Works,  or  the 
owner  or  occupant  of  the  premises  in  front  of  which  the  same 
shall  stand,  when  authorized  by  the  Common  Council  or 
Commissioner  of  Public  Works.  Any  person  refusing  or  failing 
to  comply  with  the  provisions  of  this  section  shall  be  liable 
to  a penalty  of  not  less  than  three  (3)  nor  more  than  one 
hundred  dollars  ($100.00),  in  the  discretion  of  the  magistrate 
convicting. 

§ 16.  No  person  shall  hang  or  place  any  goods,  mer- 
chandise or  other  articles,  upon  any  awning  or  awning  frame, 
over  a sidewalk,  under  a penalty  of  five  dollars  ($5.00)  for 
each  offence. 

§ 17.  No  person  shall  expose  for  sale  hay  or  straw,  in 
bulk  or  by  the  load,  in  any  public  street,  except  in  front  of 
Nos.  3,  5,  7 and  9 James  Street,  under  a penalty  of  five  dollars 
($5.00)  for  each  offence. 

§ 18.  No  person  shall  use  on  a public  street  any  truck, 
cart  or  other  vehicle,  with  chained  wheels,  under  a penalty  of 
five  dollars  ($5.00)  for  each  offence. 

§ 19.  No  person  shall  drive  or  cause  to  be  driven,  or 
permit  his  or  her  servants  to  drive  upon  any  street,  any  wagon 
or  other  vehicle  having  upon  it  a weight  which,  together  with 
the  weight  of  the  wagon  or  vehicle  shall  exceed  2,000  pounds, 
unless  the  tire  shall  be  at  least  three  inches  in  width,  nor 
shall  any  such  wagon  or  vehicle  having  upon  it  a weight 
which,  together  with  the  weight  of  the  wagon  or  vehicle  shall 
exceed  10,000  pounds,  be  so  driven  in  or  upon  any  such  paved 
street  unless  the  tire  shall  be  at  least  four  inches  in  width. 

§ 20.  No  person  shall  build,  maintain  or  permit  along 
the  line  of  or  adjacent  to  any  public  street  or  highway  any 
fence  composed  wholly  or  in  part  of  barbed  wire. 

§ 21.  It  shall  be  unlawful  for  any  parent  or  guardian 
of  a child  under  the  age  of  sixteen  years,  to  permit  such  child 
to  be  upon  any  of  the  streets  of  the  city  at  any  time  between 
the  hours  of  ten  o’clock  p.  m.  and  four  o’clock  a.  m.  of  the 
day  following,  unaccompanied  by  a parent,  guardian  or  adult 


14 


Code  of  Ordinances. 


friend,  and  it  shall  be  unlawful  for  any  such  child  to  be  upon 
any  of  the  streets  of  the  city  at  any  time  between  the  hours 
of  ten  o’clock  p.  m.  and  four  o’clock  a.  m.  of  the  day  follow- 
ing, unaccompanied  by  a parent,  guardian  or  adult  friend. 

§ 22.  All  police  officers  are  hereby  directed  to  appre- 
hend such  children  under  the  age  of  sixteen  years  so  found  on 
the  streets  between  the  hours  of  ten  o’clock  p.  m.  and  four 
o’clock  a.  m.  of  the  day  following,  and  cause  the  parents  of 
said  children  to  be  notified  at  once.  Said  children  may  be 
paroled  in  the  custody  of  the  parents  until  the  hearing  and 
determination  of  the  charges  on  the  following  morning. 


ARTICLE  IV. 

VEHICLES  AND  STREET  TRAFFIC. 


Section  1.  The  ~ pro  visions  of  this  article  shall  apply 
to  all  vehicles  using  the  streets  of  the  City  of  Yonkers,  except 
such  vehicles  as  run  only  upon  rails  or  tracks,  except  as  here- 
inafter provided. 

§ 2.  A vehicle,  except  when  passing  a vehicle  ahead, 
shall  keep  as  near  the  right-hand  curb  as  possible.  On  streets 
where  no  curbs  are  set,  the  term  “right-hand  curb”  shall  be 
construed  to  mean  the  extreme  right-hand  limit  of  the  road 
bed  of  the  street. 

§ 3.  Vehicles  meeting  shall  pass  each  other  to  the  right. 

§ 4.  A vehicle  overtaking  another  shall  pass  the  over- 
taken vehicle  on  the  left,  and  shall  not  cross  over  to  the  right 
in  front  of  the  overtaken  vehicle  until  entirely  clear  of  it  so 
as  to  afford  no  possibility  of  collision. 

§ 5.  Vehicles  shall  keep  to  the  right  of  any  parkway, 
walk,  sunkenway  or  viaduct  dividing  a street  longitudinally. 

§ 6.  A vehicle  turning  into  another  street  to  the  right 
shall  turn  the  corner  as  near  to  the  right-hand  curb  as  possible . 


Code  of  Ordinances. 


15 


Jibuti- 


§7.  A vehicle  turning  into  another  street  to  the  left 
shall  pass  to  the  right  of  and  beyond  the  centre  of  intersection 
of  the  two  streets  before  turning. 


§ 8.  A vehicle  crossing  from  one  side  of  the  street  to 
the  other  shall  do  so  by  turning  to  the  left  so  as  to  head  in 
the  same  direction  as  the  traffic  on  that  side  of  the  street 
when  the  crossing  is  completed. 


JfasC Cj)  . 


16 


Code  of  Ordinances. 


§ 9.  No  vehicle  shall  stop  with  its  left  side  to  the  curb. 

§ 10.  No  vehicle  shall  stand  backed  up  to  the  curb, 
except  when  actually  loading  or  unloading,  and  if  said  vehicle 
is  horse-drawn  and  has  four  wheels,  the  horse  or  horses  must 
stand  parallel  to  the  curb,  and  faced  in  the  direction  of  traffic, 
but  no  vehicle  shall  stand  so  backed  up  if  it  interferes  with 
or  interrupts  the  passage  of  other  vehicles. 

§11.  No  vehicle  shall  stop  at  any  of  the  cross-walks  or 
intersections  of  streets  unless  in  an  emergency  or  to  allow 
another  vehicle  or  a pedestrian  to  cross  its  path,  nor  shall 
any  vehicle  stop  or  stand  within  ten  feet  of  a street  corner, 
nor  abreast  of  any  vehicle  upon  any  street,  nor  so  occupy 
any  street  as  to  interfere  with  or  interrupt  the  passage  of 
other  vehicles.  The  provisions  of  this  section,  except  as 
hereinafter  provided,  shall  apply  also  to  vehicles  which  run 
only  upon  rails  or  tracks. 

§12.  No  veh  icle  sh  all  back  t o make  a t ur  n in  any  stre  et , 
if  by  so  doing  it  interferes  with  other  vehicles,  but  it  shall  go 
around  the  block  or  to  a street  sufficiently  wide  to  permit  its 
turning  without  backing,  nor  shall  any  vehicle  turn  in  that 
part  of  North  Broadway  which  lies  between  Getty  Square 
and  Wells  Avenue.  Before  backing,  ample  warning  shall  be 
given,  and  while  backing  unceasing  vigilance  must  be  exer- 
cised by  the  driver  of  the  vehicle  so  backing. 

§ 13.  Every  vehicle  in  motion  and  following  another 
vehicle  shall  maintain  between  itself,  including  the  animals, 
if  any,  drawing  it,  and  the  preceding  vehicle,  a clear  interval 
of  not  less  than  fifteen  feet. 

§ 14.  No  vehicle  shall  stop  in  any  street  except  close  to 
the  right-hand  curb  unless  in  an  emergency  or  to  allow  another 
vehicle  or  a pedestrian  to  cross  its  path. 

§ 15.  The  driver  of  a vehicle  slowing  up  or  stopping 
shall  give  a signal  to  the  drivers  of  following  vehicles  by 
raising  the  whip  or  hand  vertically. 

§ 16.  The  driver  of  a vehicle  turning  while  in  motion 
or  starting  to  turn  from  a standstill,  shall  give  a signal  by 


Code  of  Ordinances. 


17 


raising  the  whip  or  hand,  indicating  with  it  the  direction  in 
which  the  turn  is  to  be  made. 

§ 17.  One  blast  of  a police  whistle  indicates  that  north 
and  south  traffic  shall  stop  and  that  east  and  west  traffic 
may  proceed ; two  blasts  that  east  and  west  traffic  must  stop 
and  that  north  and  south  traffic  may  proceed.  Three  or  more 
blasts  is  a signal  of  alarm  and  indicates  the  approach  of  a fire 
engine  or  some  other  danger. 

§ 18.  The  officers  and  men  of  the  Fire  Department  and 
Fire  Patrol,  with  their  fire  apparatus  of  all  kinds,  Traffic 
Emergency  Repair  vehicles,  United  States  Mail  vehicles,  the 
officers  and  men  and  vehicles  of  the  Police  Department,  all 
ambulances,  and  all  physicians  who  have  a police  permit,  as 
hereinafter  provided,  shall  have  the  right  of  way  in  any  street 
and  through  any  procession,  vehicles  carrying  the  United 
States  mail  having  the  precedence  over  all  other  vehicles 
hereinabove  mentioned.  The  Commissioner  of  Public  Safety 
is  hereby  empowered  to  issue,  upon  written  application  there- 
for, permit  for  such  right  of  way  to  any  duly  registered  phy- 
sician, which  permit  shall  not  be  transferable. 

§ 19.  Subject  to  the  provisions  of  Section  18  of  this 
article  all  vehicles,  including  such  as  run  only  upon  rails  or 
tracks,  going  in  a northerly  or  southerly  direction  shall  have 
the  right  of  way  over  all  such  vehicles  going  in  an  easterly 
or  westerly  direction. 

§ 20.  Subject  to  the  provisions  of  Section  18  of  this 
article  vehicles  which  run  only  upon  rails  or  tracks  shall  have 
the  right  of  way  between  cross  streets  over  all  other  vehicles ; 
and  the  driver  of  any  such  other  vehicle  proceeding  upon  the 
rails  or  tracks  in  front  of  a vehicle  running  only  thereon  shall 
immediately  turn  out  the  vehicle  which  he  is  driving  and  leave 
such  rails  or  tracks,  upon  signal  by  the  driver  of  such  vehicle 
running  only  thereon. 

§ 21.  Vehicles  moving  slowly  shall  keep  as  close  as 
possible  to  the  right-hand  curb  so  as  to  allow  faster  moving 
vehicles  free  passage  on  the  left. 

§ 22.  A vehicle  waiting  at  the  curb  shall  promptly  give 
place  to  a vehicle  about  to  take  on  or  let  off  passengers. 


18 


Code  of  Ordinances. 


§ 23.  On  the  approach  of  a fire  engine  or  any  other  fire 
apparatus,  the  driver  of  a vehicle  shall  immediately  draw  up 
said  vehicle  as  near  as  practicable  to  the  right-hand  curb  and 
parallel  thereto  and  bring  it  to  a standstill,  and  the  driver  of 
a vehicle  which  runs  only  upon  rails  or  tracks  shall  immediate* 
ly  stop  said  vehicle  and  keep  it  stationary. 

§ 24.  No  vehicle  shall  cross  any  street  running  north  or 
south  or  make  any  turn  at  a rate  of  speed  exceeding  one- 
half  its  legal  speed  limit. 

§ 25.  In  approaching  or  passing  a car  of  a street  rail- 
way which  has  been  stopped  to  allow  passengers  to  alight  or 
embark,  the  driver  of  every  vehicle  shall  slow  down  and  if  it 
be  necessary  for  the  safety  of  the  public  he  shall  bring  said 
vehicle  to  a full  stop.  Upon  approaching  a pedestrian  who 
is  upon  the  traveled  part  of  any  street  and  not  upon  a side- 
walk, and  upon  approaching  an  intersecting  street  or  a curve 
or  a corner  in  a street  where  the  driver’s  view  is  obstructed, 
every  driver  of  a vehicle  shall  slow  down  the  same  and  give 
a timely  warning  signal  with  his  voice,  bell,  horn  or  other 
device  for  signaling. 

§ 26.  No  horse  shall  be  left  unattended  in  any  street 
unless  securely  fastened  or  unless  the  wheels  of  the  vehicle 
to  which  he  is  harnessed  are  securely  tied,  fastened  or  chained 
and  the  vehicle  is  of  sufficient  weight  to  prevent  its  being 
dragged  at  a dangerous  speed  with  wheels  so  tied,  fastened 
or  chained. 

§ 27.  No  horse  shall  be  unbitted  in  anv  street  unless 
secured  by  halter. 

§ 28.  No  wheel,  pole,  shaft,  whiffle-tree,  splinter-bar  or 
any  other  part  of  a vehicle  or  any  part  of  a harness,  whose 
removal  is  likely  to  cause  accident  or  to  permit  the  horse  or 
horses  attached  to  said  vehicle  to  run  away,  shall  be  removed, 
unless  the  horse  or  horses  attached  to  said  vehicle  be  first 
unhitched  from  said  vehicle. 

§ 29.  No  driver  shall  cease  to  hold  the  reins  or  halter  in 
his  hand  while  riding,  driving  or  leading  a horse. 

§ 30.  No  person  shall  drive  a vehicle  that  is  so  covered 


Code  of  Ordinances. 


19 


in  or  constructed  as  to  prevent  the  driver  thereof  from  hav- 
ing a clear  and  unobstructed  view  of  the  traffic  following  and 
at  the  sides  of  such  vehicles. 

§ 31.  No  person  shall  drive  or  conduct  any  vehicle 
which  is  in  such  condition,  so  constructed,  or  so  loaded  as 
to  break  down  or  become  stalled  or  as  to  be  likely  in  any 
manner  to  cause  delay  in  traffic  or  accident  or  injury  to  man. 
beast  or  property. 

§ 32.  No  person  shall  so  load  a vehicle,  or  drive  a ve- 
hicle so  loaded,  with  iron  or  other  material  as  to  cause  un- 
necessary and  loud  noises  by  such  iron  or  other  material 
striking  together. 

§ 33.  No  person  shall  ride  upon  the  rear  end  of  a 
vehicle  without  the  consent  of  the  driver  thereof,  and  when 
so  riding,  no  part  of  such  person’s  body  shall  extend  or 
protrude  beyond  the  limits  of  the  vehicle. 

§ 34.  Except  as  otherwise  provided  by  law,  no  person 
shall  drive  a vehicle  who  is  under  sixteen  years  of  age. 

§35.  Subdivision  1 . Except  as  otherwise  provided  by 
law,  every  public  vehicle  for  the  conveyance  of  passengers 
for  hire  shall  display  on  the  outside  thereof  between  one-half 
hour  after  sunset  and  one-half  hour  before  sunrise,  brightly 
lighted  lamps,  at  least  one  on  each  side  of  such  vehicle,  so 
placed  as  to  show  a white  light  plainly  visible  from  the  front 
and  sides  and  a red  light  plainly  visible  from  the  rear  thereof 
for  a distance  of  at  least  two  hundred  feet  and  so  as  to  plainly 
indicate  its  number  at  a distance  of  at  least  twenty  feet. 

Subdivision  2.  Every  other  vehicle  shall,  except  as 
otherwise  provided  by  law,  between  one-half  hour  after  sun- 
set and  one-half  hour  before  sunrise,  display  at  least  one 
lamp  or  lantern  showing  a white  light  visible  for  a distance 
of  at  least  two  hundred  feet  in  the  direction  toward  which 
such  vehicle  is  proceeding  and  to  the  side  thereof,  and  show- 
ing a red  light  visible  for  a distance  of  at  least  two  hundred 
feet  in  the  direction  from  which  the  vehicle  is  proceeding, 
which  said  lamp  or  lantern  shall  be  placed  or  fixed,  unless 
otherwise  authorized  by  the  Commissioner  of  Public  Safety, 


20 


Code  of  Ordinances. 


upon  the  left  side  of  said  vehicle  and  so  as  to  be  plainly 
visible  and  free  from  obstruction. 

The  provisions  of  subdivision  2 of  this  section  shall  also 
apply  to  vehicles,  which  run  only  on  rails  or  tracks,  except 
that  in  the  case  of  a street  car  there  shall  be  displayed  at 
each  end  thereof  a red  light  plainly  visible  for  a distance  of 
at  least  two  hundred  feet.  The  provisions  of  this  section 
shall  not  apply  to  motor  cycles  or  other  bicycles. 

§ 36.  No  person  shall  ride  or  drive  a horse  not  in  every 
respect  fit  for  use  and  capable  of  doing  the  work  for  which 
it  is  used  and  free  from  lameness  or  sores  calculated  to  cause 
pain  or  any  vice  or  disease  likely  to  cause  accident  or  injury 
to  person  or  property. 

§ 37.  No  person  shall  ill-treat,  over-load,  over-drive  or 
cruelly  or  unnecessarily  beat  or  whip  any  horse. 

§ 38.  No  person  shall  crack,  flourish  or  use  a whip  so 
as  to  annoy,  interfere  with  or  endanger  any  person  or  startle 
or  excite  any  horse  other  than  that  which  he  is  driving  or 
using. 

§ 39.  Subdivision  1.  No  vehicle  shall  stop  in  Getty 
Square  in  front  of  the  block  between  Palisade  Avenue  and 
North  Broadway  except  street  cars,  which  may  so  stop  only 
to  receive  and  discharge  passengers. 

Subdivision  2.  No  other  street  cars  shall  stop  in  Getty 
Square,  except  that  not  more  than  two  street  cars  may  stop 
at  a distance  of  at  least  forty  feet  south  of  the  most  southerly 
rail  of  the  street  car  tracks  which  run  east  and  west  through 
the  north  end  of  Getty  Square  from  Main  Street  to  New  Main 
Street,  and  then  only  to  receive  or  discharge  passengers.  Such 
cars  shall,  when  so  stopped,  be  at  least  five  feet  apart  when 
standing  on  the  same  track. 

Subdivision  3.  No  vehicle  shall  stand  in  front  of  the 
station  of  the  New  York  and  Putnam  Railroad  Company  on 
South  Broadway  longer  than  to  discharge  or  receive  persons 
or  passengers.  All  vehicles  waiting  to  receive  persons  or 
passengers  from  said  railroad  station  shall  take  their  stand 
close  to  the  south  curb-line  of  Hudson  Street,  west  of  South 
Broadway,  facing  east,  and  said  vehicles  shall  be  at  least 


Code  of  Ordinances. 


21 


three  feet  apart  from  each  other.  Should  there  be  more 
vehicles  so  waiting  than  the  distance  between  South  Broad- 
way and  Riverdale  Avenue  will  permit  space  for,  the  vehicles 
in  excess  of  such  number  shall  take  their  stand  close  to  the 
north  curb-line  of  said  street  between  South  Broadway  and 
Riverdale  Avenue,  facing  west,  likewise  at  a distance  apart 
of  at  least  three  feet  from  each  other.  None  of  such  vehicles 
shall  stand  nearer  to  the  corners  of  South  Broadway  or 
Riverdale  Avenue  than  ten  feet,  and  if  other  vehicles  shall 
desire  to  deliver  goods,  wares  or  merchandise  or  supplies  of 
any  kind  to  any  of  the  occupants  of  or  buildings  on  said  street 
between  the  points  above  named,  as  many  of  said  waiting 
vehicles  shall  pull  out  from  and  vacate  their  stands  as  shall 
be  necessary  to  afford  room  to  such  vehicles  desiring  to 
make  such  deliveries. 

Subdivision  4.  All  vehicles  crossing  Getty  Square  from 
west  to  east  or  east  to  west  shall  make  the  crossing  on  the 
lines  of  the  street  car  tracks  which  run  east  and  west 
through  the  north  end  of  Getty  Square  from  Main  Street  to 
New  Main  Street,  vehicles  crossing  from  east  to  west  travel- 
ing on  the  most  northerly  of  said  lines  of  tracks  and  vehicles 
crossing  from  west  to  east  traveling  on  the  most  souther- 
ly of  said  lines  of  tracks,  except  that  in  the  case  of 
vehicles  entering  Getty  Square  from  Palisade  Avenue  and 
intending  to  go  east  on  New  Main  Street,  such  vehicles  may, 
in  making  the  turn  at  the  junction  of  Main  Street  and  Getty 
Square  deflect  not  more  than  ten  feet  south  of  said  street 
car  tracks  in  order  to  make  the  turn  for  the  purpose  of  pro- 
ceeding east  on  New  Main  Street.  All  vehicles  entering  Getty 
Square  from  Palisade  Avenue  and  intending  to  proceed  south 
on  South  Broadway,  north  on  North  Broadway,  or  east  on 
New  Main  Street,  shall  cross  Getty  Square  close  to  the  curb- 
line in  the  block  front  between  Palisade  Avenue  and  North 
Broadway  in  a westerly  direction,  before  turning  south  into 
South  Broadway,  north  into  North  Broadway,  or  east  into 
New  Main  Street,  constantly  keeping  close  to  the  right-hand 
curb  of  the  street  in  the  direction  in  which  they  are  proceed- 
ing. All  vehicles  entering  Getty  Square  from  North  Broad- 
way and  intending  to  proceed  east  on  New  Main  Street  or 


22 


Code  of  Ordinances. 


north  on  Palisade  Avenue,  and  all  vehicles  entering  Getty 
Square  from  Main  Street  and  intending  to  proceed  north  on 
Palisade  Avenue,  shall  make  the  turn  south  of  the  line  of 
traffic  sign  posts  hereinafter  mentioned,  and  situate  north  of 
the  street  car  tracks  which  run  east  and  west  through  the 
north  end  of  Getty  Square  from  Main  Street  to  New  Main 
Street,  and,  in  the  case  of  such  vehicles  thus  intending  to 
proceed  north  on  Palisade  Avenue,  they  shall  proceed  toward 
and  keep  close  to  the  east  curb  of  Palisade  Avenue  after 
clearing  the  most  easterly  of  said  traffic  sign  posts.  All 
vehicles  entering  Getty  Square  from  South  Broadway  or 
New  Main  Street  and  intending  to  proceed  north  on  North 
Broadway  shall  cross  Getty  Square  diagonally  from  New 
Main  Street  and  south  of  the  above  mentioned  line  of  traffic 
sign  posts  in  so  proceeding.  . All  vehicles  entering  Getty 
Square  from  South  Broadway  and  intending  to  return  in  the 
direction  from  which  they  came  by  turning  in  Getty  Square, 
shall  make  the  turn  on  the  line  of  said  street  car  tracks  which 
run  east  and  west  through  the  north  end  of  Getty  Square 
from  Main  Street  to  New  Main  Street.  The  Commissioner 
of  Public  Safety  shall  place  in  the  north  end  of  Getty  Square 
traffic  sign  posts,  with  such  lettering  thereon  as  he  shall  deem 
best  fitted  to  denote  their  character,  and  proper  to  accomplish 
the  purpose  for  which  they  are  intended,  as  above  mentioned, 
as  follows:  One  of  such  posts  at  a point  distant  twenty  feet 
easterly  in  a straight  line  from  the  point  of  intersection  of 
the  most  southerly  rail  of  the  line  of  street  car  tracks  in  the 
north  end  of  Getty  Square  which  run  from  Main  Street  into 
Palisade  Avenue,  with  the  most  northerly  rail  of  the  line  of 
street  car  tracks  in  the  north  end  of  Getty  Square  which  run 
from  Main  Street  to  New  Main  Street,  and  distant  four  feet 
northerly  from  said  most  northerly  rail  in  a line  drawn  at 
right  angles  thereto;  a second  of  such  posts  at  a point  in  a 
line  drawn  at  right  angles  to  the  westerly  rail  of  the  line  of 
unused  (at  present)  street  car  tracks  which  run  from  Palisade 
Avenue  south  into  Getty  Square  and  connect  with  the  street 
car  tracks  which  run  south  into  South  Broadway,  which  point 
is  distant  eighteen  feet  westerly  from  said  most  westerly  rail 
and  distant  six  feet  northerly  in  a line  drawn  at  right  angles 
thereto  from  the  most  northerly  rail  of  the  said  line  of  street 


Code  of  Ordinances. 


23 


car  tracks  in  the  north  end  of  Getty  Square,  which  run  from 
Main  Street  to  New  Main  Street ; and  a third  of  such  posts 
intermediate  the  posts  above  mentioned  in  a straight  line 
connecting  the  same  and  equi-distant  from  each. 

THUS:  . 


The  Commissioner  of  Public  Safety  is  hereby  authorized 
to  place  additional  traffic  sign  posts  between  the  points  above 
mentioned,  and  also  at  points  in  a continuous  line  distant 
southerly  ten  feet  from  the  most  southerly  rail  of  the  street 
car  tracks  which  run  east  and  west  through  the  north  end  of 
Getty  Square  from  Main  Street  to  New  Main  Street,  as  mark- 
ing the  southerly  boundary  line  of  the  space  in  which  vehicles 
may  turn  at  the  junction  of  Main  Street  and  Getty  Square 
when  entering  Getty  Square  from  Palisade  Avenue  and  in- 
tending to  go  east  on  New  Main  Street,  and  no  such  vehicle 
traveling  on  said  street  car  tracks  shall  deflect  further  to  the 


24 


Code  of  Ordinances. 


south  than  said  latter  line  of  posts  when  so  placed ; provided, 
however,  that  such  posts  shall  be  so  placed  as  not  to  interfere 
with  north  or  south  bound  traffic.  Said  Commissioner  shall 
also  place  one  other  such  traffic  sign  post  at  a distance  of 
forty  feet  south  of  the  most  southerly  rail  of  the  street  car 
tracks  which  run  east  and  west  through  the  north  end  of 
Getty  Square  from  Main  Street  to  New  Main  Street,  as  mark- 
ing the  furthest  point  north  to  which  street  cars  may  proceed 
before  stopping  under  the  provisions  of  subdivision  2 of  this 
section.  The  provisions  of  subdivisions  1,  2 and  3 of  this 
section  shall  also  apply  to  all  vehicles  which  run  only  on  rails 
or  tracks.  The  Commissioner  of  Public  Safety  shall  make 
such  provision  for  detailing  such  officers,  or  members,  or 
both,  of  the  Police  Department  as  may  be  necessary  to  en- 
force the  provisions  of  this  section. 

§ 40.  No  street  car  shall  stop  in  any  street  except  at  its 
intersection  with  another  street,  unless  in  an  emergency  or 
to  allow  another  vehicle  or  a pedestrian  to  cross  its  path, 
nor  within  ten  feet  of  a street  corner;  provided,  however, 
that  when  streets  intersecting  the  street  upon  which  such 
street  car  is  proceeding  are  more  than  two  hundred  and  fifty 
feet  apart  such  car  may  stop  to  receive  or  discharge  passen- 
gers at  a point  as  nearly  equi-distant  from  each  of  such  inter- 
secting streets  as  practicable. 

§ 41.  Subject  to  the  provisions  of  Section  40,  of  this 
article,  all  street  cars  shall  stop  only  at  the  near  side  of  in- 
tersecting streets  to  receive  or  discharge  passengers 

§ 42.'  All  street  cars  shall  come  to  a full  stop  at  least 
ten  feet  from  and  before  crossing  an  intersecting  street  on 
which  is  located  a fire  house,  containing  fire  apparatus  of  the 
Fire  Department  of  the  City  of  Yonkers,  which  is  situate 
within  five  hundred  feet  of  the  street  on  which  such  street 
car  is  proceeding. 

§ 43 . No  cut-out  or  cut-outs  shall  be  used  on  the  muffler 
or  mufflers  of  any  motor  cycle,  motor  bicycle  or  motor  vehicle 
except  by  officers  and  members  of  the  Police  and  Fire  De- 
partments. 

§ 44.  Drivers  of  all  vehicles,  including  such  as  run  only 


Code  of  Ordinances. 


25 


on  rails  or  tracks,  must  at  all  times  obey  any  direction  by 
voice,  hand  or  whistle  of  any  member  of  the  Police  Depart- 
ment as  to  stopping,  starting,  approaching  or  departing  from 
any  place,  the  manner  of  taking  up  or  setting  down  passengers 
or  persons  or  loading  or  unloading  goods  in  any  place. 

§ 45.  Whenever  the  word  “driver”  or  the  plural  thereof 
occurs  in  this  article  it  shall  be  deemed  to  include  the 
rider,  driver  or  leader  of  a horse,  and  the  operator  of  a vehicle, 
including  such  as  runs  only  on  rails  or  tracks. 

§ 46.  Whenever  the  word  “horse”  or  the  plural  thereof 
occurs  in  this  article  it  shall  be  deemed  to  include  all 
domestic  animals. 

§ 47.  Whenever  the  word  “vehicle”  or  the  plural  there- 
of occurs  in  this  article  it  shall  be  deemed  to  include 
wagons,  ambulances,  trucks,  carts,  cabs,  carriages,  stages, 
omnibuses,  motors,  motor  cycles,  motor  bicycles,  automobiles, 
street  cars,  traction  engines,  road  rollers,  fire  wagons  and  en- 
gines, police  patrol  wagons,  locomotives,  bicycles,  tricycles, 
sleighs  or  other  conveyances  for  persons  or  property,  and  all 
motor  vehicles. 

§ 48.  Whenever  the  word  “street”  or  the  plural  thereof 
occurs  in  this  article  it  shall  be  deemed  to  include  all  that 
is  included  by  the  terms  “street,  avenue,  road,  alley,  lane, 
highway,  boulevard,  concourse,  public  square,  public  park, 
public  parkway,  and  public  place,”  or  the  plurals  thereof 
respectively. 

Note. — The  roadbeds  of  streets  are  primarily  intended 
for  vehicles,  but  pedestrians  have  the  right  to  cross  them  in 
safety,  and  drivers  of  vehicles,  including  such  as  run  only  on 
rails  or  tracks,  must  exercise  all  possible  care  not  to  injure 
them.  Pedestrians  should,  on  their  part,  never  step  from  the 
sidewalk  to  the  roadbed  without  first  looking  to  see  what  is 
approaching,  and  should  not  needlessly  interfere  with  the 
passage  of  such  vehicles.  By  crossing  a street  as  nearly  as 
possible  at  right  angles,  preferably  at  a regular  crossing,  and, 
when  a traffic  policeman  is  stationed  there,  by  waiting  for 
his  signal,  pedestrians  will  greatly  add  to  their  own  safety, 
facilitate  the  movement  of  traffic,  and  make  it  less  difficult 


26 


Code  of  Ordinances. 


for  the  horses,  which  often  have  to  be  reined  in  suddenly 
and,  to  them  painfully,  to  avoid  careless  and  unthinking 
pedestrians.  Nothing  in  the  foregoing,  however,  should  ex- 
cuse drivers  from  constant  vigilance  to  avoid  injury  to  pe- 
destrians under  all  conditions. 

§ 49.  No  person  shall  ride  or  drive  any  animal,  or  drive 
any  vehicle  drawn  by  an  animal,  nor  operate  a street  car  in 
any  of  the  streets  or  public  places  of  the  city,  where  buildings 
are  less  than  one  hundred  feet  apart,  at  a greater  rate  of  speed 
than  ten.  miles  an  hour,  or  where  buildings  are  more  than  one 
hundred  feet  apart  at  a greater  rate  of  speed  than  twenty 
miles  an  hour. 

§ 50.  No  person  shall  drive  or  cause  to  be  driven  any 
isleigh  through  any  of  the  public  streets  or  places  at  a speed 
exceeding  six  miles  an  hour,  unless  there  be  attached  thereto 
or  to  the  horses  drawing  the  same,  a bell  or  bells  of  sufficient 
size  to  give  timely  notice  of  the  approach  of  such  vehicle 
under  penalty  of  not  less  than  five  dollars  ($5.00)  nor  more 
than  ten  dollars  ($10.00). 

§ 51.  No  person  shall  ride  on  horseback,  or  on  a bicycle, 
tricycle,  automobile,  wagon  or  other  vehicle,  or  lead  or  drive 
any  animal,  other  than  a dog,  upon  any  sidewalk  (except  in 
necessarily  crossing  the  same)  under  a penalty  of  five  dollars 
($5.00)  for  each  offence. 

§ 52.  No  person  shall  drive  or  propel  any  vehicle  across 
any  sidewalk  from  any  yard  or  building  at  a greater  speed 
than  five  miles  an  hour,  under  penalty  of  not  less  than  five 
dollars  ($5.00)  nor  more  than  twenty-five  dollars  ($25.00). 

§ 53.  It  shall  be  unlawful  to  conduct  foot  or  other  races 
upon  any  public  street  or  place,  except  by  permission  of  the 
Commissioner  of  Public  Safety  or  the  Common  Council,  or 
to  play  ball  or  other  games  or  to  fly  kites  upon  any  public 
street  or  place,  under  penalty  of  not  less  than  one  dollar 
($1.00)  nor  more  than  ten  dollars  ($10.00). 

§ 54.  No  cattle,  horses,  mules,  swine,  sheep  or  goats 
shall  be  permitted  to  run  at  large  in  any  public  street  or 
place.  Any  such  animals  found  so  running  at  large  shall  be 
impounded  in  any  place  designated  by  the  Commissioner  of 


Code  of  Ordinances. 


27 


Public  Works,  from  whence  they  shall  not  be  released  until 
there  shall  be  paid  to  the  city  the  cost  of  impounding  and 
the  sustenance  of  such  animal  during  the  impounding  and 
also  a penalty  of  five  dollars  ($5.00). 

If  such  impounded  animal  is  not  claimed  within  three 
days,  it  may  be  disposed  of  as  the  Commissioner  of  Public 
Works  may  determine,  and  from  the  proceeds,  if  any,  of  a 
sale  thereof,  there  shall  be  deducted  and  retained  by  the  city 
the  expenses  and  penalty  herein  specified. 

§ 55.  No  person  shall  act  as  motorman  or  conductor 
on  any  street  car  operating  in  the  City  of  Yonkers,  unless  he 
shall  have  first  received  fifteen  days’  instruction  upon  the 
various  lines  in  the  city,  the  last  day  of  such  instruction  to 
be  under  the  supervision  of  a competent  instructor,  who  shall 
certify  to  the  fitness  of  any  applicant  for  such  employment 
prior  to  the  employment  of  any  such  applicant. 

Any  violation  of  this  section  shall  constitute  a misde- 
meanor, punishable  by  a fine  not  exceeding  one  hundred  and 
fifty  dollars  ($150.00)  or  by  imprisonment  not  exceeding 
sixty  (60)  days  or  both. 

§ 56.  No  person  or  corporation  shall  operate  or  cause  , 
to  be  operated  sight-seeing  or  omnibus  automobiles  within 
the  limits  of  the  City  of  Yonkers  for  the  purpose  of  carrying 
therein  persons  for  hire  unless  a permit  therefor  shall  have 
been  issued  by  the  Mayor,  as  herein  provided. 

The  Mayor  is  hereby  authorized  to  issue  permits  to  use 
and  operate  said  automobiles  upon  payment  for  the  use  of 
the  city  a fee  of  twenty-five  dollars  ($25.00)  per  year  for  each 
automobile,  or  five  dollars  ($5.00)  per  month  or  any  fraction 
thereof. 

The  rate  of  fare  or  charge  on  such  vehicles  shall  not  ex- 
ceed fifty  (50)  cents  per  mile. 

The  provisions  of  this  section  shall  not  apply  to  auto- 
mobiles having  a seating  capacity  of  less  than  eight  persons. 

§ 57.  Every  motor  cycle  and  motor  bicycle  operated  or 
driven  upon  any  street  of  the  said  City  of  Yonkers,  including 
those  operated  or  driven  by  officers  and  members  of  the  Police 
Department  of  said  city,  shall  be  provided  with  adequate 


28 


Code  of  Ordinances. 


brakes  in  good  working  order  and  sufficient  to  control  such 
motor  cycle  and  motor  bicycle  at  all  times  when  the  same  is 
in  use,  and  a suitable  and  adequate  bell,  horn  or  other  device 
for  signalling,  and  shall,  during  the  period  from  one-half  hour 
after  sunset  to  one-half  hour  before  sunrise,  display  at  least 
one  lamp  or  lantern  which  shall  show  a white  light  visible 
for  a distance  of  at  least  two  hundred  feet  in  the  direction 
toward  which  such  motor  cycle  or  motor  bicycle  is  proceeding, 
and  to  the  side  thereof,  and  a red  light  visible  from  the  rear. 

§ 58.  A person  operating  or  driving  a motor  cycle  or 
motor  bicycle  shall,  on  signal  by  raising  the  hand,  from  a 
person  riding,  leading  or  driving  a horse  or  horses  or  other 
draft  animals,  bring  such  motor  cycle  or  motor  bicycle  imme- 
diately to  a stop,  and,  if  traveling  in  the  opposite  direction, 
remain  stationary  so  long  as  may  be  reasonable  to  allow  such 
horse  or  animal  to  pass,  and,  if  traveling  in  the  same  direction, 
use  reasonable  caution  in  thereafter  passing  such  horse  or 
animal ; provided  that,  in  case  such  horse  or  animal  appears 
badly  frightened  or  the  person  operating  such  motor  cycle  or 
motor  bicycle  is  signalled  so  to  do,  such  person  shall  cause 
the  motor  of  such  motor  cycle  or  motor  bicycle  to  cease  run- 
ning so  long  as  shall  be  reasonably  necessary  to  prevent  acci- 
dent and  insure  the  safety  of  others. 

§ 59.  The  rate  of  speed  of  motor  cycles  and  motor  bi- 
cycles on  the  streets  of  the  City  of  Yonkers  shall  not  exceed 
fifteen  miles  an  hour,  except  in  the  following  instances,  viz. : 
On  Warburton  Avenue,  north  of  Odell  Avenue,  a speed  not 
exceeding  twenty-three  miles  an  hour;  on  North  Broadway, 
north  of  Roberts  Avenue,  a speed  not  exceeding  twenty-three 
miles  an  hour  ; on  Central  Park  Avenue,  north  of  Midland 
Avenue,  a speed  not  exceeding  twenty-three  miles  an  hour; 
on  both  Nepperhan  Avenue  and  Saw  Mill  River  Road,  north 
of  Roberts  Avenue,  a speed  not  exceeding  twenty-three  miles 
an  hour ; on  both  the  Sprain  Road  and  Grassy  Sprain  Road, 
and  on  the  Tuckahoe  Road,  a speed  not  exceeding  twenty- 
three  miles  an  hour;  provided,  however,  that  every  person 
operating  or  driving  a motor  cycle  or  motor  bicycle  on  any 
of  the  streets  of  the  City  of  Yonkers  shall  operate  or  drive 
the  same  in  a careful  and  prudent  manner  and  at  a rate  of 


Code  of  Ordinances. 


29 


speed  so  as  not  to  endanger  the  property  of  another  or  the 
life  or  limb  of  any  person,  even  though  it  be  necessary  in 
order  so  to  do  to  operate  or  drive  such  motor  cycle  or  motor 
bicycle  at  a less  rate  of  speed  than  hereinabove  allowed,  and 
provided;  that  the  maintenance  of  a greater  rate  of  speed 
for  one-eighth  of  a mile  than  that  hereinabove  provided  shall 
be  presumptive  evidence  of  driving  at  a rate  of  speed  which 
is  not  careful  and  prudent. 

§ 60.  No  person,  including  an  officer  or  member  of  the 
Police  Department  of  the  City  of  Yonkers,  shall  operate  or 
drive  a motor  cycle  or  motor  bicycle  while  in  an  intoxicated 
condition. 

§ 61.  The  provisions  of  this  article  shall  not  apply  to 
officers  or  members  of  the  Police  Department  of  the  City  of 
Yonkers,  except  as  herein  expressly  so  provided. 

§ 62.  The  provisions  of  Sections  56  to  60  inclusive  of 
this  article,  as  affecting  the  use,  operation  or  driving  of  motor 
cycles  and  motor  bicycles  on  the  streets  of  the  City  of  Yon- 
kers, shall  be  deemed  and  construed  to  be  in  addition  to  the 
provisions  of  Article  III.  of  this  Code  of  Ordinances,  and 
shall  be  deemed  and  construed  not  to  repeal  any  of  the  pro- 
visions of  said  article. 

§ 63 . Any  person  violating  any  of  the  provisions  of 
Section  58  of  this  article  shall  be  guilty  of  a misdemeanor 
and  shall  be  liable  to  a fine  not  exceeding  one  hundred  dollars 
($100.00),  or  to  imprisonment  not  exceeding  one  hundred 
(100)  days,  or  to  both  such  fine  and  imprisonment.  Any 
person  violating  any  of  the  provisions  of  Section  59  of  this 
article  shall  be  guilty  of  a misdemeanor  and  shall  be  liable 
to  a fine  not  exceeding  one  hundred  an'd  fifty  dollars  ($150.00), 
or  to  imprisonment  not  exceeding  one  hundred  and  fifty  (150) 
days,  or  to  both  such  fine  and  imprisonment.  Any  person 
violating  any  of  the  provisions  of  Sections  5 6 and  5 7 of  this 
article  shall  be  guilty  of  a misdemeanor  and  shall  be  liable 
to  a fine  not  exceeding  fifty  dollars  ($50.00),  or  to  imprison- 
ment not  exceeding  fifty  (50)  days,  or  to  both  such  fine  and 
imprisonment. 


30 


Code  of  Ordinances. 


§ 64.  No  person  shall  ride  a bicycle,  tricycle  or  similar 
vehicle  in  any  public  highway,  street,  walk  or  public  place 
in  the  City  of  Yonkers,  without  having  attached  thereto,  or 
carried  therewith  a light  of  such  illuminating  power  as  to  be 
plainly  seen  two  hundred  feet  ahead,  and  such  light  shall  be 
kept  lighted  at  all  times  when  any  such  vehicle  is  ridden  be- 
tween one  hour  after  sunset  and  one  hour  before  sunrise ; but 
this  section  shall  not  apply  to  any  rider  whose  light  has  be- 
come extinguished  or  who  is  necessarily  absent  from  his  or 
her  home  when  going  at  a pace  not  exceeding  six  miles  an 
hour  and  when  an  audible  signal  is  given  as  often  as  thirty 
feet  are  passed  over. 

Any  person  who  shall  ride  a bicycle,  tricycle  or  similar 
vehicle  in  any  public  highway,  street,  walk  or  public  place 
in  the  City  of  Yonkers  shall  give  an  alarm  by  bell,  whistle 
or  otherwise  which  may  be  heard  one  hundred  feet  distant 
when  about  to  meet  or  pass  any  pedestrian  or  when  about  to 
meet  or  pass  any  other  vehicle. 

No  person  shall  ride  any  bicycle,  tricycle  or  similar 
vehicle  in  any  public  highway,  street,  walk  or  public  place  in 
the  City  of  Yonkers  at  any  rate  of  speed  higher  or  greater 
than  the  rate  of  ten  miles  per  hour. 

No  person  riding  any  bicycle,  tricycle  or  similar  vehicle 
in  any  public  highway,  street,  walk  or  public  place  in  the 
City  of  Yonkers  shall  coast  or  permit  said  vehicle  to  proceed 
by  inertia,  or  momentum,  with  the  feet  of  the  rider  off  the 
pedals  of  such  vehicle,  and  no  person  shall  carry  any  child 
under  five  years  of  age  upon  any  such  vehicle.  Any  person 
riding  any  such  vehicle  shall  observe  such  rules  of  the  road 
as  are  established  by  the  highway  law. 

The  Commissioner  of  Public  Works  of  the  City  of  Yon- 
kers is  hereby  granted  authority  in  his  discretion  upon  any 
special  occasion  to  grant  permission  to  any  person  or  persons 
to  ride  any  such  vehicle  during  a specified  time  upon  specified 
portions  of  the  public  streets  or  highways  of  the  City  of 
Yonkers  at  any  rate  of  speed,  and  annex  such  reasonable 
conditions  to  such  permission  as  he  shall  deem  proper. 


Code  of  Ordinances. 


31 


No  person  shall  ride  any  bicycle,  tricycle  or  similar 
vehicle  upon  any  sidewalk  within  the  limits  of  the  City  of 
Yonkers,  but  this  section  does  not  prohibit  the  riding  of  any 
such  vehicle  upon  any  sidewalk  which  has  been  or  may  here- 
after be  constructed  solely  at  the  expense  of  cyclists  with 
the  consent  of  the  Commissioner  of  Public  Works,  unless  the 
road  or  street  in  front  of  said  sidewalk  is  paved  with  some 
smooth  and  permanent  pavement  such  as  asphalt  or  brick, 
and  maintained  in  a condition  suitable  for  the  use  of  cyclists. 

Any  person  violating  any  provision  of  this  section  shall 
be  punished  by  a fine  not  exceeding  five  dollars  ($5.00)  for 
each  offence,  and  in  case  of  the  non-payment  of  such  fine,  by 
imprisonment  in  the  County  Jail  not  exceeding  one  day  for 
each  dollar  of  such  fine  in  the  discretion  of  the  court  or  magis- 
trate convicting. 

§ 6 5.  It  shall  be  the  duty  of  any  street  railway  company 
operating  cars  in  the  City  of  Yonkers,  to  remove  within 
twenty-four  hours  after  the  cessation  of  any  snow  storm, 
from  the  public  streets  and  highways,  such  snow  and  ice  as 
the  devices  of  said  railway  company,  i.  e.,  sweepers,  scrapers, 
etc.,  cause  to  be  placed  and  piled  up  on  the  highway,  other 
than  covered  by  the  railroad  tracks.  The  penalty  for  viola- 
tion of  this  section  shall  be  one  hundred  dollars  ($100.00) 
for  each  offence. 

§ 66.  Nothing  in  this  article  shall  apply  to  the  apparatus 
and  wagons  of  the  Police  and  Fire  Departments,  ambulances, 
and  vehicles  carrying  the  United  States  mail  except  as  here- 
in expressly  specified. 

§ 67.  The  rate  of  speed  of  motor  vehicles  on  the  streets 
of  the  City  of  Yonkers  shall  not  exceed  fifteen  miles  an  hour, 
except  in  the  following  instances,  viz. : On  Warburton  Ave- 
nue, north  of  Odell  Avenue,  a speed  not  exceeding  twenty- 
three  miles  an  hour;  on  North  Broadway,  north  of  Roberts 
Avenue,  a speed  not  exceeding  twenty-three  miles  an  hour; 
on  Central  Park  Avenue,  north  of  Midland  Avenue,  a speed 
not  exceeding  twenty-three  miles  an  hour;  on  both  Nepper- 
han  Avenue  and  Saw  Mill  River  Road,  north  of  Roberts 
Avenue,  a speed  not  exceeding  twenty-three  miles  an  hour; 


32 


Code  of  Ordinances. 


on  both  the  Sprain  Road  and  Grassy  Sprain  Road 
and  on  the  Tuckahoe  Road,  a speed  not  exceeding  twenty- 
three  miles  an  hour;  and  the  Commissioner  of  Public  Safety 
is  hereby  directed  to  erect  proper  signs  on  each  main  public 
highway  where  the  city  line  crosses  the  same,  and  on  each 
of  the  streets  above  named,  at  the  points  thereon  where 
the  rate  of  speed  changes,  as  herein  prescribed,  as  required 
by  Section  288  of  Chapter  374  of  the  Laws  of  1910  of  this 
State,  and  also  to  erect  on  every  street  on  which  is  located 
a school  house,  at  a point  distant  not  more  than  two  hundred 
yards  nor  less  than  one  hundred  and  fifty  yards  on  each 
side  of  such  school  house,  a sign  of  sufficient  size  to  be  easily 
readable  by  a person  using  the  highway  with  a motor  vehicle, 
bearing  the  words,  “ School  House  Ahead — Automobiles 
Slow  Down.” 

Any  person  violating  this  section  shall  be  guilty  of  a 
misdemeanor,  punishable  by  a fine  not  exceeding  one  hun- 
dred dollars  ($100.00). 


ARTICLE  V. 

OF  WHARVES  AND  DOCKS. 

Section  1.  All  sailing  vessels  landing  at  or  using  any 
wharves  or  docks  within  the  city  shall  pay*  wharfage  and 
dockage  thereon  at  the  rate  of  1^  cents  per  ton,  if  not 
exceeding  250  tons;  if  exceeding  250  tons,  cents  per 
ton  for  the  first  250  tons,  and  1 cent  for  each  additional 
ton,  custom  house  measurement,  per  day  for  each  and 
every  day  or  part  of  a day  between  sunrise  of  one  day  and 
sunrise  of  the  following  day ; and  all  vessels  lying  outside  of 
vessels  next  to  said  wharfs  and  docks  shall  pay  one-half 
of  the  rates  above  specified. 

All  steamboats  or  barges  landing  or  receiving  passengers 
or  light  freight  at  any  wharf  or  dock  shall  pay  for  each 
landing  the  sum  of  50  cents,  if  of  less  than  50  tons,  custom 


Code  of  Ordinances. 


33 


house  measurement;  if  of  more  than  50  tons  and  less  than 
100  tons,  one  dollar  for  each  landing,  and  if  of  more  than 
100  tons,  one  cent  per  ton  for  each  ton,  custom  house  meas- 
urement. 

All  steamboats  or  barges  landing  at  or  using  any  wharf 
or  dock  for  any  other  purpose  than  to  discharge  passengers 
or  light  freight  shall  pay  wharfage  and  dockage  at  the  same 
rate  above  specified  for  sailing  vessels.  These  regulations, 
however,  shall  not  control  the  charges  to  be  paid  by  ferry 
companies  organized  according  to  law  for  the  transporta- 
tion of  passengers  and  freight  across  the  Hudson  River  or 
for  steamboats  making  regular  trips  and  landings  at  the 
city  dock ; said  charges  shall  be  fixed  by  the  Common  Council. 

Whenever  required,  the  captain  or  person  in  charge 
of  any  such  vessel  shall  submit  for  examination  its  license 
or  register,  for  the  purpose  of  ascertaining  the  tonnage  of 
said  vessel,  to  the  wharfinger,  clerk  or  agent  of  the  owner 
or  lessee  of  said  dock  ; and  in  case  of  a refusal  to  do  so, 
the  tonnage  of  said  vessel  may  be  estimated  by  said  wharf- 
inger, clerk,  or  agent,  by  comparing  the  same  with  vessels 
of  like  size,  which  estimate  shall  be  conclusive  as  to  the 
amount  of  said  tonnage,  so  far  as  any  provisions  contained 
in  this  article  are  concerned. 

§ 2.  Whenever  horses  shall  be  used  in  loading  or  dis- 
charging vessels  lying  at  said  wharves  or  docks,  one  dollar 
for  each  day  and  fifty  cents  for  a half  of  a day  or  less  shall 
be  paid  therefor  as  extra  wharfage,  and  such  extra  wharfage 
shall  be  due  and  payable  each  day,  in  advance ; such  day  to 
commence  and  terminate  at  sunrise. 

§ 3.  If  a cargo  or  any  portion  thereof,  shall  be  left 
on  any  such  wharves  or  docks  for  more  than  five  days, 
the  owner,  lessee  or  wharfinger  may,  at  their  option,  re- 
move said  cargo  and  store  the  same,  and  the  expenses  of 
such  removal  and  storage  and  wharfage  shall  be  a lien  upon 
said  property,  and  be  collected  from  the  owners  or  con- 
signees thereof  before  the  same  shall  be  delivered  to  them. 

§ 4.  The  owners  and  consignees  of  any  cargo  shall  be 
liable  to  pay  for  all  wharfage  or  extra  wharfage  of  the  vessel 
landing  such  cargo,  and  of  the  cargo,  at  the  rates  herein- 


34 


Code  of  Ordinances. 


before  described,  and  if  a cargo  shall  remain  on  any  wharf 
for  a longer  period  than  two  days,  they  shall  also  pay  one 
dollar  for  each  day  the  same  shall  so  remain  after  said  two 
days. 

§ 5.  All  vessels  discharging  coal  or  other  cargo  in 
bulk,  or  ballast,  gravel  or  dirt,  or  receiving  the  same,  shall 
have  good  and  sufficient  covering  and  protection  extending 
from  the  vessel  to  the  wharf,  to  keep  such  cargo  or  ballast 
from  falling  into  the  water  between  the  vessel  and  the  dock, 
under  the  penalty  of  twenty  dollars  ($20.00)  for  every  day 
such  covering  or  protection  is  not  kept  and  used  as  pre- 
scribed by  this  section. 

§ 6.  No  vessel  shall  discharge  ballast,  shells,  dirt  or 
other  rubbish  on  any  wharf  without  the  consent  of  the 
owner,  lessee  or  wharfinger,  and  in  case  of  any  violation 
of  this  section,  the  owner  or  consignee  shall  be  liable  to  a 
penalty  of  ten  dollars  per  day  for  each  day  it  is  allowed 
to  so  remain;  and  after  the  expiration  of  two  days  it  shall 
be  optional,  if  not  removed,  for  the  owner,  lessee  or  wharf- 
inger to  remove  and  dispose  of  the  same;  and  the  expense 
thereof  shall  be  a charge  against  said  vessel,  her  captain 
and  owners,  as  extra  wharfage. 

§ 7.  Any  person  throwing  stones,  ashes,  dirt  or  other 
rubbish  in  the  slips  or  docks,  to  the  detriment  or  injury  of 
the  slips  or  docks,  shall  be  liable  to  a fine  of  ten  dollars 
($10.00)  for  each  offense,  and  if  thrown  from  any  vessel,  she 
and  her  owners  shall  be  liable  for  said  fine  and  for  all  further 
injury  done  thereby. 

§ 8.  The  captain  or  owner  of  any  vessel  that  shall 
leave  a wharf  without  paying  for  the  wharfage  due  thereon, 
and  shall  neglect  to  pay  the  same  for  twenty-four  hours 
after  it  is  demanded  of  the  captain,  owner,  or  consignee, 
shall  forfeit  and  pay  to  the  owners  or  lessees  of  the  wharf 
double  the  rates  of  wharfage  hereby  established. 

§ 9.  Tows  making  fast  to  any  dock  or  wharf  shall  pay 
at  the  rate  of  one  dollar  ($1.00)  per  day  for  each  vessel  or 
raft  lying  at  the  dock  or  wharf,  and  fifty  cents  per  day  for 


Code  of  Ordinances. 


35 


each  vessel  lying  outside  thereof,  which  said  wharfage  shall 
be  due  and  payable  by  the  steamer  towing  the  said  vessel, 
her  captain  and  owners. 

§ 10.  The  owner,  lessee,  or  wharfinger  shall  have  the 
power  to  fix  the  place  where  vessels  may  lie  to  load  or  dis- 
charge, and  when  and  where  such  vessels  shall  move  when 
not  loading  or  discharging,  or  when  such  loading  or  dis- 
charging is  completed;  and  in  case  any  vessel  is  not  moved 
when  the  captain  or  the  person  in  charge  thereof  is  so  di- 
rected to  move  the  same,  or  in  the  absence  from  such  vessel 
of  any  person  in  charge,  the  owner,  lessee  or  wharfinger  shall 
have  the  power  to  place  men  on  board  and  move  such 
vessel;  the  expense  consequent  upon  such  removal  shall  be 
and  become  a charge  as  extra  wharfage. 

§ 11.  In  case  the  captain,  owner  or  person  in  charge 
of  any  vessel,  shall  refuse  to  move  the  same  when  directed 
as  aforesaid,  they  and  each  of  them  and  the  said  vessel 
shall  pay  a fine  of  twenty  dollars  ($20.00)  per  day  for  each 
and  every  day  after  such  refusal  as  extra  wharfage. 

§ 12.  The  respective  owners  and  lessees  of  said  docks 
and  wharves  shall  keep  the  same  in  good  order  and  suitable 
condition. 

§ 13.  Said  owners,  lessees  and  wharfingers  shall  have 
the  right  and  power  to  regulate  and  direct  as  to  the  manner 
of  loading  and  discharging  and  carting  to  and  from  said 
wharves  and  docks;  and  any  person  refusing  or  neglecting 
to  comply  with  any  of  such  proper  directions  or  regulations 
shall  pay  a penalty  of  five  dollars  ($5.00)  for  each  offence. 

§ 14.  A printed  copy  of  this  article  of  the  city  ordi- 
nances relating  to  wharves  and  docks,  certified  by  the  City 
Clerk,  with  the  wharfinger’s  name  attached  thereto,  shall 
be  posted  at  all  times  in  one  or  more  conspicuous  places 
on  each  of  said  wharves  or  docks  by  the  owners  or  lessees 
thereof. 

§ 15.  All  bulkheads  on  the  water  front  of  the  City  of 
Yonkers  shall  be  made  sufficiently  tight  and  substantial  to 
resist  the  pressure  of  the  filling  placed  or  to  be  placed  behind 


36 


Code  of  Ordinances. 


them.  They  may  be  constructed  in  any  of  the  following 
ways,  viz.: 

1.  They  may  be  made  of  masonry  on  foundations  of 
piling  or  concrete. 

2.  They  may  be  made  of  piles  of  logs  of  sufficient  length 
and  thickness,  backed  up  by  tongued  and  grooved  sheet 
piling,  held  in  place  by  pile  and  timber  braces  and  ties,  and 
filled  in  with  stone;  or 

3.  They  may  be  made  of  cribs  of  logs  filled  in  with 
stone  and  sunk  in  place. 

In  all  cases  they  shall  be  made  tight  for  a distance  of  at 
least  twelve  (12)  feet  below  mean  low  water  mark,  and  the 
construction  shall  be  of  a substantial  and  approved  plan. 

Before  any  bulkhead  is  constructed  plain  and  accurate 
plans  of  the  work  proposed  to  be  done  shall  be  filed  with 
the  City  Clerk,  and  they  shall  be  approved  in  writing  by  the 
Commissioner  of  Public  Works  of  the  City  of  Yonkers  before 
the  work  is  commenced. 

It  will  be  unlawful  to  dump  or  place  or  cause  to  be 
placed  or  dumped  any  material  for  filling  in  upon  the  water 
front  of  the  City  of  Yonkers,  unless  said  filling  is  behind  a 
bulkhead  constructed  according  to  this  ordinance;  and  it 
shall  be  unlawful  to  maintain  any  bulkhead  on  the  water 
front  of  the  City  of  Yonkers  not  built  according  to  this 
article. 


ARTICLE  VI. 

OF  NUISANCES  AND  THE  PRESERVATION  OF 
GOOD  ORDER. 

Section  1.  Any  person  who  shall  make,  aid,  counten- 
ance or  assist  in  making  any  improper  noise,  riot,  or  disturb- 
ance in  the  streets  or  elsewhere,  and  all  persons  who  shall 
collect  in  crowds  for  unlawful  or  idle  purposes,  to  the  annoy- 
ance or  disturbance  of  the  citizens  or  travelers,  shall,  for  each 
offence,  pay  a penalty  of  not  less  than  two  dollars  ($2.00) 
nor  exceeding  fifty  dollars  ($50.00),  in  the  discretion  of  the 
magistrate  convicting. 


Code  of  Ordinances. 


37 


§ 2.  All  persons  are  hereby  prohibited  from  crying  out 
the  sale  of  newspapers  in  any  of  the  streets  during  the  Sabbath 
day,  under  the  penalty  of  five  dollars  ($5.00)  for  each  offence. 

§ 3.  The  firing  of  a gun,  pistol,  squibs,  crackers,  gun- 
powder or  other  combustible  substances  in  the  street  or 
elsewhere  in  the  city,  and  the  blowing  of  horns,  are  hereby 
forbidden  under  the  penalty  of  not  less  than  two  dollars  ($2 .00) 
nor  more  than  fifty  dollars  ($50.00)  in  the  discretion  of  the 
magistrate  convicting;  provided,  however,  that  this  section 
shall  not  apply  to  the  firing  of  crackers  or  fireworks  or  the 
blowing  of  horns  on  the  Fourth  of  July  or  on  the  day  on 
which  the  anniversary  of  our  National  Independence  shall  be 
celebrated,  and  provided  that  this  section  shall  not  apply  to 
that  section  of  the  city  lying  north  of  Palmer  Avenue  and 
east  of  the  Putnam  Division  of  the  New  York  Central  and 
Hudson  River  Railroad,  and  provided  that  this  section  shall 
not  apply  when  the  Commissioner  of  Public  Safety  of  the  City 
of  Yonkers  shall  have  given  a permit  in  writing;  and  the 
said  Commissioner  of  Public  Safety  of  the  City  of  Yonkers 
is  hereby  authorized  in  his  discretion  to  grant  a permit  to 
any  person  to  fire  a gun,  firearms,  crackers  and  fireworks  in 
that  section  of  the  city  lying  easterly  of  the  tracks  of  said 
Putnam  Division,  said  permit  to  be  good  for  one  year  from 
date  of  issuance  and  may  be  revoked. 

§ 4.  No  person  shall  keep  a disorderly  or  gaming  house, 
or  a faro  bank,  or  any  instrument  for  gaming,  under  a penalty 
of  one  hundred  dollars  ($100.00)  for  each  offence. 

§ 5.  No  person  shall  in  any  manner  injure  or  deface 
any  building,  lamp  post,  hydrant  or  other  property  belong- 
ing to  the  city,  or  any  well,  pump,  fence,  tree  or  any  useful 
or  ornamental  work  or  improvement  in  any  street  under  a 
penalty  of  not  less  than  two  dollars  ($2.00)  nor  more  than 
fifty  dollars  ($50.00),  in  the  discretion  of  the  magistrate 
convicting. 

§ 6.  No  person  shall  in  any  manner  injure,  deface  or 
remove  any  tree,  shrub,  flower,  plant,  railing,  fence,  or  other 
structure,  or  deface  or  injure  any  walk,  path  or  highway  in 
any  public  park  or  in  any  place  in  the  care  or  custody  of  the 


38 


Code  of  Ordinances. 


Commissioner  of  Public  Works  or  his  agents,  servants  or 
employees,  under  a penalty  of  not  less  than  two  dollars  ($2.00) 
nor  more  than  fifty  dollars  ($50.00),  in  the  discretion  of  the 
magistrate  convicting. 

p § 7.  No  person  shall  throw,  place  or  deposit,  or  suffer 
his  or  her  servant,  child  or  family  to  throw,  place  or  deposit 
any  dung,  dead  animal,  carrion,  putrid  meat,  or  fish  entrails, 
or  shells  of  oysters  or  clams,  decayed  vegetables,  ashes  or 
coal  or  wood,  or  nuisance  of  any  kind  in  any  stream,  street 
or  pond,  under  a penalty  of  not  less  than  two  dollars  ($2.00) 
nor  more  than  twenty-five  dollars  ($25.00),  in  the  discretion 
of  the  magistrate  convicting,  and  no  person  shall  drive  any 
cart,  truck  or  vehicle  of  any  kind  through  the  streets  of  the 
City  of  Yonkers  from  which  dirt,  coal,  manure,  stone,  ashes, 
garbage  or  other  material,  or  refuse  whatever,  is  spilled  or 
dropped  upon  the  streets  of  said  city,  or  throw  or  drop  or 
sweep' or  place,  or  cause  to  be  thrown  or  dropped  or  swept 
or  placed  upon  any  sidewalk  or  street  or  public  place  in  said 
city,  any  paper,  straw  or  other  material,  or  dirt  or  refuse  of 
any  kind,  under  a penalty  of  not  less  than  ten  dollars  ($10.00) 
nor  more  than  twenty-five  dollars  ($25.00)  for  each  and 
every  offence. 

§ 8.  No  person  shall  permit  slops,  sewage  or  any  kind 
of  filth  to  run  from  any  lot  owned  or  occupied  by  him  into 
any  street,  under  a penalty  of  five  dollars  ($5.00)  for  each 
offence. 

§ 9.  No  person  shall  wilfully  tear  down  or  deface  any 
notice,  handbill  or  ordinance  posted  up  in  the  city  by  order 
of  the  Common  Council,  under  a penalty  of  ten  dollars 
($10.00). 

§ 10.  No  person  shall  throw  a stone,  stick,  or  other 
missile,  in  any  street,  under  a penalty  of  two  dollars  ($2.00) 
for  each  offence. 

§ 11.  No  person  shall  bathe  in  the  Hudson  River  or 
any  stream  or  pond  within  the  city,  between  the  hours  of 
seven  o’clock  in  the  morning  and  eight  o’clock  in  the  even- 
ing, unless  in  a suitable  bathing  dress  or  covering,  under  a 
penalty  of  not  less  than  two.  dollars  ($2.00)  nor  more  than 


Code  of  Ordinances. 


39 


five  dollars  ($5.00),  in  the  discretion  of  the  magistrate  con- 
victing. 

§ 12.  No  person  shall  keep  a brothel  or  house  of  assig- 
nation, or  entertain  lewd  women  for  the  purpose  of  prosti- 
tution, or  procure  or  aid  in  procuring  lewd  women  for  that 
purpose,  under  a penalty  of  not  less  than  twenty-five  dollars 
($25.00)  nor  more  than  one  hundred  dollars  ($100.00) , in  the 
discretion  of  the  magistrate  convicting. 

§ 13.  No  performance,  entertainment,  exhibition,  or 
show,  for  which  an  admission  fee  of  money,  or  any  equivalent 
thereof,  or  any  ticket  or  token,  or  thing  whatsoever,  entitling 
the  holder  to  entrance  thereto,  or  to  any  accommodation  or 
privilege  thereat,  in  consideration  of  the  payment  of  money 
or  any  equivalent  thereof,  shall  be  required  or  received,  shall 
be  given  in  any  theatre,  halb  building,  room,  grounds,  or 
public  place  within  the  City  of  Yonkers,  on  the  first  day  of 
the  week  commonly  called  Sunday. 

Every  person  violating  this  section,  or  aiding,  abetting 
or  participating  in  any  such  prohibited  performance,  enter- 
tainment or  exhibition  or  show,  or  participating  in  any  ar- 
rangements for  management  of,  or  conducting  any  such  pro- 
hibited performance,  entertainment,  exhibition  or  show,  or 
the  admission  of  persons  thereto,  shall  forfeit  a penalty  of 
not  less  than  twenty-five  dollars  ($25.00)  nor  more  than  one 
hundred  dollars  ($100.00) , in  the  discretion  of  the  magistrate 
convicting. 

§ 14.  No  person  shall  publicly  exhibit,  or  permit  in  any 
building  or  place  owned,  occupied  or  controlled  by  him  or 
her,  or  any  other  person  or  persons  to  exhibit  or  participate 
in  exhibiting  any  theatrical  representations,  feats  of  horse- 
manship, circuses,  caravans  of  animals,  or  any  animal  or 
artificial  curiosity,  or  other  shows  or  exhibitions,  or  perform- 
ances in  said  city,  without  first  obtaining  a license  from  the 
Mayor  therefor,  under  a penalty  of  not  less  than  ten  dollars 
($10.00)  nor  more  than  one  hundred  dollars  ($100.00) , in  the 
discretion  of  the  magistrate  convicting.  For  every  license 
so  granted  there  shall  be  paid  not  less  than  one  dollar  ($1.00; 
nor  more  than  one  hundred  dollars  ($100.00),  at  the  discre- 


40 


Code  of  Ordinances. 


tion  of  the  Mayor.  Provided,  however,  that  the  licenses  may 
be  granted  without  fee  for  any  exhibition  or  performance 
given  for  the  benefit  of  any  church  or  school,  or  for  any 
benevolent,  charitable  or  scientific  society,  or  for  any  local 
charity  or  in  a building  now  owned  and  occupied  by  any 
society  or  corporation  heretofore  incorporated. 

This  section,  however,  shall  not  apply  to  any  show, 
exhibition  or  performance  given  in  a hall,  theatre  or  building 
duly  licensed  under  the  provisions  of  this  ordinance. 

§ 15.  No  person  shall  obstruct,  aid  or  assist  in  ob- 
structing, any  officer  in  the  execution  of  his  duty,  under  a 
penalty  for  each  offence  of  not  less  than  five  dollars  ($5.00) 
nor  more  than  fifty  dollars  ($50.00) , in  the  discretion  of  the 
magistrate  convicting. 

§ 16.  No  person  shall  post  any  handbills,  notices  or 
advertisements  of  any  kind  on  any  house,  wall  or  fence 
without  the  permission  of  the  owner,  nor  upon  any  post,  flag- 
stone, curbstone,  telegraph  or  telephone  pole,  shade  tree, 
shade  tree  box.  hydrant  or  other  place  in  any  street,  or 
print,  paint,  stamp  or  otherwise  mark  any  words,  letters, 
figures,  signs  or  tokens  of  any  sort  thereon,  under  a penalty 
for  each  offence  of  not  less  than  five  dollars  nor  more  than 
fifty  dollars,  in  the  discretion  of  the  magistrate  convicting. 

No  person  shall  distribute,  throw,  drop  or  cause  to  be 
distributed  or  dropped  in  any  of  the  streets  or  public  squares 
of  said  city,  any  posters,  handbills,  advertising  cards,  or 
other  substance  used  for  the  purpose  of  advertising.  Every 
person  violating  this  provision  shall  pay  a penalty  of  not 
more  than  twenty-five  dollars  for  every  such  offence. 

§ 17.  No  person  shall  sell  or  offer  for  sale  any  prize 
package  of  merchandize  in  any  form  having  a value  which 
is  uncertain  and  dependent  upon  some  unknown  quantity 
of  money  or  other  property  said  to  be  contained  therein  or 
therewith  under  a penalty  of  not  less  than  five  nor  more 
than  fifty  dollars  for  each  offence,  in  the  discretion  of  the 
magistrate  convicting. 

§ 18.  No  person  shall  keep  any  swine  within  the  limits  of 
that  part  of  the  city  embraced  within  the  corporate  limits  of 


Code  of  Ordinances. 


41 


the  late  Village  of  Yonkers,  without  a permit  from  the  Health 
Officer,  under  a penalty  for  each  offence  of  not  less  than 
three  dollars  nor  more  than  twenty  dollars,  in  the  discretion 
of  the  magistrate  convicting. 

§ 19.  No  person  shall  keep  any  cows  within  that  part 
of  the  city  embraced  within  the  corporate  limits  of  the  late 
Village  of  Yonkers,  in  any  barn,  shed  or  other  building,  at  a 
less  distance  than  fifty  feet  from  any  dwelling  except  the 
dwelling  occupied  exclusively  by  the  person  keeping  such 
cows,  under  a penalty  of  three  dollars,  and  a further  penalty 
of  one  dollar  for  each  day’s  continuance  of  the  violation  of 
this  section,  after  notice  from  any  policeman  to  discontinue 
the  same. 

§ 20.  No  person  shall  keep  any  goats  within  that  part 
of  the  city  embraced  within  the  corporate  limits  of  the  late 
Village  of  Yonkers,  under  a penalty  of  three  dollars,  and  a 
further  penalty  of  one  dollar  for  each  day’s  continuance  of 
the  violation  of  this  section,  after  notice  from  any  policeman 
to  discontinue  the  same. 

§ 21.  The  owners  of  all  buildings  within  that  part  of 
the  city  embraced  within  the  corporate  village  limits  of  the 
late  Village  of  Yonkers,  shall  number  the  buildings  according 
to  the  number  of  the  lot  on  which  such  buildings  are  situated, 
as  the  same  are  shown  on  the  several  ward  maps  of  the  city, 
and  cause  such  number  to  be  placed  in  a conspicuous  manner, 
on  or  about  the  front  door  thereof,  or  at  the  front  gate  of 
the  premises,  within  twenty  days  after  notice  so  to  do,  from 
any  policeman,  under  a penalty  of  one  dollar  for  each  day 
thereafter  that  such  building  shall  remain  unnumbered. 

§ 22.  No  person,  unless  authorized  in  writing  by  the 
Commissioner  of  Public  Safety,  shall  have  in  his  possession 
within  the  city,  a pistol,  revolver  or  other  firearm. 

§ 23.  All  processions  or  parades  occupying  or  marching 
upon  any  sidewalk,  street  or  public  place  of  the  city  of 
Yonkers  (excepting  the  National  Guard,  the  Fire  Depart- 
ment, funeral  processions  engaged  in  the  actual  burial  of 
the  dead),  are  forbidden,  unless  the  written  consent  of  the 
Mayor  be  obtained,  and  such  consent  shall  designate  the 


42 


Code  of  Ordinances. 


street  or  streets  of  the  city  through  which  said  procession 
or  parade  may  move. 

Any  person  violating  this  section  shall  be  deemed  guilty 
of  a misdemeanor  and  punished  by  a fine  of  not  exceeding 
fifty  dollars  ($50.00)  or  by  imprisonment  in  the  County  Jail 
of  the  county  not  exceeding  fifty  days,  or  by  both  such  fine 
and  imprisonment,  in  the  discretion  of  the  Court  in  which  a 
conviction  may  be  had. 

§ 24  Between  the  fifteenth  day  of  October  of  any  year 
and  the  fifteenth  day  of  April  of  the  next  year  it  shall  not  be 
lawful  for  any  person  or  corporation  in  the  City  of  Yonkers 
to  run  or  operate  any  open  car  for  carrying  passengers  on 
any  street  railroad  built  or  to  be  built  in  said  city;  and 
between  the  first  day  of  December  of  any  year  and  the  first 
day  of  April  of  the  next  year  it  shall  not  be  lawful  for  any 
person  or  corporation  in  the  City  of  Yonkers  to  run  or  op- 
erate any  car  for  carrying  passengers  on  any  street  railroad 
built  or  to  be  built  in  said  city  unless  said  car  shall  have 
a vestibule  built  upon  each  end  thereof  sufficient  to  afford 
protection  from  the  weather  to  motoimen,  conductors  and 
others  standing  upon  the  platforms  of  said  car. 

§25.  It  shall  not  be  lawful  for  any  person  or  corporation 
to  run  any  car  on  any  street  railroad  operated  in  the  City 
of  Yonkers  until  the  said  car  shall  be  equipped  with  and 
carry  at  the  front  end  thereof  a suitable  and  proper  fender. 

§ 26.  It  shall  be  unlawful  for  any  corporation  operating 
cars  in  the  City  of  Yonkers  to  run  any  cars  equipped  with 
what  is  known  as  flat  or  defective  wheels.  No  person  shall 
act  as  motorman  or  conductor  on  any  street  car  operating 
in  the  City  of  Yonkers,  unless  he  shall  have  first  received 
fifteen  (15;  days’  instruction  upon  the  various  lines  in  the 
city,  the  last  day  of  such  instruction  to  be  under  the  super- 
vision of  a competent  instructor,  who  shall  certify  to  the 
fitness  of  any  applicant  for  such  employment  prior  to  the 
employment  of  any  such  applicant.  Any  violation  of  this 
section  shall  constitute  a misdemeanor,  punishable  by  a 
fine  not  exceeding  one  hundred  and  fifty  dollars  ($150.00),  or 
by  imprisonment  not  exceeding  sixty  (60)  days,  or  both. 


Code  of  Ordinances. 


43 


ARTICLE  VII. 

AUCTIONEERS,  PEDDLING,  JUNK  SHOPS. 

Section  1.  No  person  shall  sell  at  auction,  or  peddle 
any  goods,  wares,  merchandise  or  other  property  without 
a license  therefor,  granted,  as  provided  in  Section  2,  of  this 
article  under  a penalty  of  twenty  dollars  ($20.00)  for  each 
offence.  But  no  auctioneer's  license  shall  be  issued  until 
satisfactory  evidence  shall  be  presented  to  the  Mayor  that 
the  applicant  has  executed  the  bond  required  by  Section  23 
of  the  General  Business  Law. 

The  provisions  of  this  Section  shall  not  operate  to  charge 
any  license  fee  to  an  exempt  member  of  the  Yonkers  Volun- 
teer Fire  Department,  who  has  served  the  full  time  required 
by  law,  and  files  with  the  Mayor  a certificate  from  the 
Board  of  Fire  Commissinoers,  or  the  Commissioner  of  Public 
vSafety  showing  him  to  have  served  such  time,  and  being  a 
worthy  person. 

§ 2.  The  Mayor  is  hereby  authorized  to  grant  licenses 
under  his  hand,  to  be  sealed  with  the  corporate  seal,  and 
countersigned  by  the  City  Clerk,  to  such  persons  as  he  shall 
deem  proper  to  sell  at  auction;  to  peddle  goods,  wares  and 
merchandise  or  other  property  within  the  limits  of  the  city, 
and  to  truckmen,  expressmen  and  drivers  of  furniture 
moving  vans,  which  licenses  shall  expire  on  the  first  day 
of  July  next  after  their  issue. 

The  City  Clerk  shall  collect  license  fees  therefor,  as  follows, 
viz. : 

For  each  license  to  any  person  to  peddle  the  produce  of 
his  own  farm  or  garden,  for  the  term  of  one  year,  the  surn 
of  one  dollar. 

For  each  of  the  other  licenses  under  this  section,  for  the 
term  of  one  year,  ten  dollars,  except  that  the  license  fee 
for  peddlers  of  flowers  and  other  florist’s  supplies,  for  the 
term  of  one  year,  shall  be  fifty  dollars  ($50.00). 

A transfer  of  a license  will  cost  two  dollars  ($2.00). 

Every  person  licensed  under  the  provision  of  this 


44 


Code  of  Ordinances. 


article  shall  be  entitled  to  keep  and  use  only  one  cart, 
wagon  or  other  vehicle,  provided  such  person,  before  using 
such  cart,  wagon  or  vehicle,  or  causing  the  same  to  be  used, 
shall  cause  to  be  painted  on  the  outside  of  such  cart,  wagon 
or  vehicle  his  or  her  name  at  length,  the  street  and  number 
of  his  or  her  place  of  business,  and  the  number  of  the  license 
in  plain  letters  and  figures  put  on  with  paint,  said  letters 
and  figures  to  be  not  less  than  two  and  a half  inches  in 
length,  and  said  figures  to  be  fixed  on  both  sides  of  each  wagon. 

If  any  licensee  shall  desire  to  keep  more  than  one  such 
conveyance,  the  City  Clerk  is  empowered  on  the  application 
of  such  licensee  to  issue  one  duplicate  of  the  original  license 
for  each  such  conveyance  in  excess  of  one,  on  the  payment 
to  said  Clerk,  for  the  use  of  the  city,  of  the  regular  license 
fee  for  each  such  duplicate,  and  such  licensee  shall  there- 
upon be  entitled  to  keep  one  such  conveyance  for  each 
such  duplicate,  and  such  duplicates  shall  remain  in  force 
until  the  expiration  of  the  original  license.  No  more  than 
the  licensee  and  one  assistant  will  be  allowed  to  peddle  at 
a wagon  under  each  license  issued. 

Every  person  engaged  in  peddling  within  the  City  of 
Yonkers  shall  at  all  times  carry  with  him  or  her  when  so 
engaged  the  license  or  the  duplicate  thereof  by  which  said 
peddling  is  authorized,  and  shall  exhibit  the  same  upon 
demand  to  any  member  of  the  Police  Department  or  police 
force  of  this  city. 

All  licenses  under  this  article  shall  at  all  times  be 
subject  to  such  rules  and  regulations  as  may  be  made  for 
their  control  and  government  by  the  authorities  of  the  city. 

Licensed  peddlers  are  hereby  permitted  to  occupy  with 
their  vehicles  any  part  of  Getty  Square  that  is  not  within 
twenty-five  feet  of  the  sidewalk  or  within  twenty-five  feet 
of  the  railroad  tracks  between  the  hours  of  7 to  11  P.  M. 
Saturdays,  and  not  elsewhere. 

No  licensed  peddler,  vender,  hawker,  or  huckster  shall 
permit  any  cart,  wagon  or  vehicle,  owned  or  controlled  by 
him  or  her,  to  stop,  remain  upon  or  otherwise  incumber 
any  street,  avenue  or  highway  for  a longer  period  than 
ten  minutes  at  one  time  on  any  one  block  nor  shall  any 


Code  of  Ordinances. 


45 


such  peddler,  vender,  hawker  or  huckster  stand  in  front 
of  any  premises,  the  owner  of  or  the  lessee  of  the  ground 
floor  thereof  objecting  thereto.  At  the  expiration  of  the 
ten  minutes  aforesaid,  any  vender,  with  or  without  basket, 
cart,  wagon  or  vehicle  must  be  removed  to  a point  at  least 
one  block  distant,  except  as  hereinbefore  provided. 

§ 3.  It  shall  be  unlawful  for  any  person  or  corporation 
to  engage  in  or  carry  on  the  business  of  bill  posting  or  dis- 
tributing of  bills,  papers,  books,  pamphlets,  sample  packages 
or  other  printed  matter  intended  for  advertising  within 
said  city,  without  having  obtained  a license  from  said  city 
as  herein  provided. 

The  Mayor  is  hereby  authorized  to  grant  licenses  under 
his  hand,  to  be  sealed  with  the  corporate  seal,  and  counter- 
signed by  the  City  Clerk,  to  such  persons  as  he  shall  deem 
proper  to  carry  on  the  business  of  bill  posters  for  which 
the  City  Clerk  shall  collect  an  annual  license  fee  of  fifty 
dollars  ($50.00). 

•Such  a license  shall  entitle  such  person,  for  the  period 
of  one  year,  to  engage  in  the  business  of  bill  posting  or  of 
distributing  bills,  papers,  books,  pamphlets,  sample  pack- 
ages or  other  printed  matter  intended  for  advertising,  or 
both.  Such  license  shall  not  be  transferable. 

A licensed  bill  poster  and  distributor,  his  agents  and  em- 
ployees shall  each,  while  actually  engaged  in  bill  posting 
under  this  article  within  the  corporate  limits  of  said 
city,  wear  in  a conspicuous  place  upon  his  person,  a badge 
with  the  following  words  printed  or  engraved  thereon, 
“ Licensed  Bill  Poster  and  Distributor  ” together  with  the 
number  of  the  license  and  the  name  of  the  licensee.  Such 
badge  shall  be  furnished  at  the  expense  of  the  licensee. 

Nothing  in  this  section  shall  be  construed  to  authorize 
the  city  to  exact  and  receive  a license  fee  from  charitable, 
benevolent,  fraternal  or  social  organizations  or  from  mer- 
chants doing  business  in  the  City  of  Yonkers,  New  York, 
for  advertising  their  own  business. 

No  distributor  is  allowed  to  walk  across  lawns. 

The  ringing  of  bells,  pushing  of  buttons,  or  giving  any 
other  alarm  is  not  allowed. 


46 


Code  of  Ordinances. 


Bill  posters  are  required  to  keep  their  boards  in  good 
condition  and  to  remove  all  paper  from  the  premises  as 
soon  as  torn  off. 

Bills  and  any  other  articles  shall  not  be  thrown  on  the 
streets,  sidewalks  or  yards,  but  must  be  placed  in  paper 
or  litter  boxes,  or  somewhere  about  the  front,  side  or  rear 
of  residences. 

Any  corporation  or  person  violating  any  of  the  provisions 
hereof  shall  be  fined  in  a sum  of  not  more  than  twenty-five 
dollars  ($25.00)  for  every  such  violation. 

§ 4.  No  person  shall  keep  what  are  commonly  called 
junk  shops,  nor  collect  nor  be  engaged  in  the  business  of 
collecting  old  junk,  rags,  old  rope,  old  iron,  brass,  copper, 
tin,  lead,  slush  or  empty  bottles,  in  the  City  of  Yonkers, 
without  procuring  from  the  Mayor  a license  therefor. 

§ 5.  The  Mayor  may,  from  time  to  time,  grant  licenses, 
to  be  countersigned  by  the  City  Clerk,  to  such  persons  as 
shall  procure  the  recommendation  of  the  Commissioner  of 
Public  Safety  or  the  City  Judge  of  Yonkers,  to  keep  what 
are  commonly  called  junk  shops,  for  the  purchase  and  sale 
of  second-hand  articles,  junk,  rags,  old  rope,  old  iron,  brass, 
copper,  tin,  lead,  slush  and  empty  bottles,  and  to  collect 
said  articles. 

Every  person  receiving  such  license  shall  pay  therefor 
the  sum  of  five  dollars  ($5.00) , and  shall  also  give  a bond  to 
the  City  of  Yonkers,  in  the  penal  sum  of  two  hundred  and 
fifty  dollars  ($250.00),  conditioned  for  the  due  observance 
of  all  ordinances  of  the  Common  Council  that  may  be  passed 
or  in  force  respecting  the  keeping  of  junk  shops  at  any  time 
during  the  continuance  of  such  license. 

§ 6.  Every  keeper  of  a junk  shop  shall  provide  and 
keep  a book  in  which  shall  be  fairly  written,  at  the  time 
of  every  purchase,  a description  of  the  article  purchased, 
the  name  and  residence  of  the  person  from  whom  such 
purchase  was  made,  and  the  day  and  hour  of  such  purchase. 
Such  book  shall  be  at  all  times  open  to  the  inspection  of 
the  Mayor,  Aldermen,  Commissioner  of  Public  Safety,  City 
Judge,  or  any  person  authorized  in  writing  by  either  of  them. 


Code  of  Ordinances. 


47 


§ 7.  Every  keeper  of  a junk  shop  who  shall  violate  or 
neglect,  or  refuse  to  comply  with  the  foregoing  provisions, 
or  either  of  them,  shall,  for  every  such  offence,  forfeit  and 
pay  the  sum  of  twenty-five  dollars  ($25.00). 

§ 8.  Every  license  granted  to  a keeper  of  a junk  shop 
shall  designate  the  place  in  which  the  person  receiving  the 
same  shall  be  authorized  to  carry  on  such  business,  and  no 
person  shall  carry  on  any  junk  business  at  any  other  house 
or  place  than  the  one  designated  in  such  license. 

Every  license  shall  continue  in  force  until  the  30th  day 
of  June  next  following  the  granting  thereof,  unless  sooner 
revoked  by  the  Common  Council  or  the  Mayor,  and  no 
longer.  Every  person  who  shall  carry  on  any  junk  business 
at  any  place  in  the  City  of  Yonkers,  without  a license,  shall 
forfeit  and  pay  the  sum  of  twenty-five  dollars  ($25.00). 

§ 9.  No  junk  dealer  shall  purchase  any  junk,  rags,  old 
rope,  old  iron,  brass,  copper,  tin,  lead,  slush,  empty  bottles 
or  second-hand  articles,  from  any  minor,  knowing  or  having 
reason  to  believe  him  or  her  to  be  such,  under  the  penalty 
of  twenty-five  dollars  ($25.00)  for  every  such  offence. 

§ 10.  No  keeper  of  a junk  shop  shall  purchase  any 
goods,  articles  or  things  whatsoever,  of  the  kinds  enumerated 
in  vSection  9 above,  from  any  person  whatsoever,  between 
the  setting  of  the  sun  and  the  hour  of  seven  o’clock  in  the 
morning,  under  the  penalty  of  twenty-five  dollars  ($25.00) 
for  every  such  offence. 

§ 11.  No  keeper  of  a junk  shop  shall  alter,  deface  or 
take  apart  any  article  or  thing  which  shall  be  purchased 
in  his  business,  within  the  period  of  one  month  from  the  time 
of  such  purchase;  but  the  same  shall  be  sold  or  offered  for 
sale  in  the  same  form,  state  and  condition,  if  sold  within 
a month  from  the  purchase  thereof,  in  which  it  was  when 
first  received  by  said  keeper,  under  the  penalty  of  twenty- 
five  dollars  ($25.00)  for  each  such  offence. 

§ 12.  Every  keeper  of  a junk  shop  shall,  on  demand 
to  view  articles  or  things  in  his  possession,  made  by  the 
Mayor,  an  Alderman,  City  Judge,  Commissioner  of  Public 
Safety,  or  any  person  who  may  be  authorized  in  writing  by 


48 


Code  of  Ordinances. 


either  of  the  above  named  officers  or  magistrates  to  make 
such  demands,  exhibit  the  same,  under  the  penalty  of 
twenty-five  dollars  ($25.00)  for  every  neglect  or  refusal  so 
to  do. 

§ 13.  Every  licensed  keeper  of  a junk  shop  shall  be 
entitled  to  use  in  his  business  one  or  more  carts,  wagons  or 
other  vehicles,  but  his  name,  place  of  business  and  the 
number  corresponding  to  the  number  of  his  license,  shall 
be  plainly  and  conspicuously  painted  on  every  vehicle  used 
in  his  business,  in  letters  and  figures  of  not  less  than  two 
inches  in  length. 

§ 14.  The  Mayor  may  also  from  time  to  time,  on  the 
application  in  writing  of  a licensed  keeper  of  a junk  shop, 
grant  license  to  such  persons  as  are  employed  by  said  licensed 
keeper  in  his  business,  upon  the  payment  of  a license  fee 
of  three  dollars  for  each  person  so  licensed.  All  such  licenses 
shall  expire  on  the  30th  day  of  June,  following  the  date  of 
issue  thereof.  All  purchases  made  by  any  person  employed 
by  a licensed  junk  dealer  and  in  charge  of  a junk  cart  must 
be  entered  in  a book,  as  provided  in  Section  6 under  a penalty 
of  twenty-five  dollars  ($25.00)  for  each  omission  to  enter 
such  purchases. 

§ 15.  Every  licensed  keeper  of  a junk  shop  and  every 
person  employed  by  said  licensed  keeper  to  take  charge  of 
any  vehicle  to  collect  junk,  old  rope,  rags,  old  iron,  brass, 
copper,  tin,  lead,  slush  or  empty  bottles  in  the  City  of  Yon- 
kers, shall  procure  and  display  conspicuously  on  his  person 
at  all  times  while  engaged  in  the  business  of  collecting  the 
above  named  articles  or  any  of  them,  a badge  bearing  the 
word  “ Junk  ” and  the  number  corresponding  to  the  number 
of  the  license  of  such  person,  in  plain  letters  and  figures  at 
least  one-half  inch  in  length,  and  such  other  device  as  the 
Mayor  may  from  time  to  time  determine. 

f§16.  No  person  shall  be  licensed  to  deal  in  junk,  or  to 
collect  the  same  in  the  City  of  Yonkers,  who  has  no  place 
of  business  for  junk  dealing  in  said  city. 

§ 17.  Any  violation  of  the  foregoing  sections  in  relation 
to  junk  dealers  shall,  in  addition  to  the  penalties  herein 


Code  of  Ordinances. 


49 


prescribed,  be  punished  as  provided  in  Section  64  of  the 
General  Business  Law;  and  every  license  granted  may  be 
revoked  by  the  Mayor  on  satisfactory  cause  appearing  to 
him  for  so  doing. 


ARTICLE  VIII. 

OF  EXCURSIONS  AND  PICNICS. 

Section  1.  No  steamboat  or  barge,  while  making  an 
excursion  of  pleasure,  shall  land  any  passenger  within  the 
city,  except  upon  the  grounds  of  such  persons  as  shall  have 
received  a license  from  the  Mayor,  to  keep  grounds  for  the 
purpose  of  accommodating  excursion  and  picnic  parties, 
without  a permit  in  writing  from  the  Mayor.  The  captain, 
owner,  or  person  in  charge  of  any  such  steamboat  or  barge 
violating  this  section  shall  be  liable  to  a penalty  of  one  hun- 
dred dollars  ($100.00). 

§ 2.  The  Mayor  is  hereby  authorized  to  grant  such 
permit  upon  receiving  payment  of  a sum  of  not  less  than 
five  dollars  ($5.00)  nor  more  than  one  hundred  dollars  ($100) . 

§ 3.  No  person,  except  those  duly  licensed,  shall  receive 
or  entertain  for  profit  or  hire,  upon  or  within  his  premises, 
any  party  of  passengers  from  any  excursion  steamboat  or 
barge  or  railroad  cars,  under  the  penalty  of  twenty-five 
dollars  ($25.00). 

§ 4.  The  Mayor  is  hereby  authorized  to  grant  licenses, 
under  the  corporate  seal,  attested  by  the  City  Clerk,  to 
such  persons  as  he  may  deem  proper,  to  keep  grounds  for 
the  entertainment  of  parties  making  an  excursion  of  pleasure, 
and  shall  charge  and  collect  not  less  than  twenty-five  dollars 
($25.00)  nor  more  than  one  hundred  dollars  ($100.00)  for 
each  license  for  one  year  so  granted.  Such  persons  so  licensed 
shall,  between  the  first  and  fifth  days  of  each  and  every  month, 
make  and  file  with  the  City  Clerk  a true  and  correct  state- 
ment or  account,  to  be  verified  with  their  affidavit,  of  the 
number  of  such  excursion  parties  received  and  entertained 
by  them  during  the  preceding  month,  and  shall,  in  addition 


50 


Code  of  Ordinances. 


to  their  license  fee,  at  the  time  of  making  and  filing  such 
statement  or  account,  pay  to  the  City  Treasurer  five  dollars 
($5.00)  for  each  and  every  excursion  party  received  and  en- 
tertained by  them  during  the  preceding  month. 

Persons  applying  for  such  licenses  shall,  before  receiving 
the  same,  execute  and  deliver  to  the  city,  a bond  in  such 
sum  of  not  less  than  five  hundred  dollars  ($500.00) , and  with 
such  sureties  as  the  Mayor  shall  approve,  conditioned  that 
the  person  so  licensed  shall  render  such  statements  and  pay 
over  to  the  City  Treasurer  such  sums,  within  the  time  pre- 
scribed, as  required  by  this  section. 

If  any  person  so  licensed  shall  fail  to  make  such  monthly 
statement  and  payment,  and  shall  make  a false  statement 
or  account  of  the  number  of  excursion  parties  received  and 
entertained  by  him  his  license  shall  be  forfeited  and  void. 


ARTICLE  IX. 

IN  RELATION  TO  THE  SEALING  AND  INSPECTION 
OF  WEIGHTS  AND  MEASURES. 


Section  1 . The  standards  of  weights  and  measures  now 
in  possession  of  the  Bureau  of  Weights  and  Measures  of  the 
State  of  New  York  shall  be  the  standards  of  this  city;  the 
Sealer  of  Weights  and  Measures  shall  annually  embody  in 
his  estimates  for  the  year  a sum  sufficient  to  insure  the  proper 
equipment  of  his  office  and  he  shall  also  provide  a proper  and 
safe  place  to  keep  said  standards  entrusted  to  his  care. 

§ 2.  It  shall  be  the  duty  of  the  Sealer  of  Weights  and 
Measures  and  he  is  hereby  authorized  to  inspect,  examine, 
test,  and  seal,  at  least  twice  a year,  and  as  much  oftener  as  he 
may  deem  proper,  the  weights,  measures,  scales,  beams, 
patent  balances,  steelyards,  and  other  instruments  used  in 
the  City  of  Yonkers  in  weighing  and  measuring  as  aforesaid 
and  to  inspect,  test,  examine,  re  weigh  or  remeasure  any 
bottles,  packages,  crate  or  box,  barrel,  or  any  other  container 
or  any  commodity  sold  or  offered  for  sale  in  the  City  of  Yon- 


Code  of  Ordinances. 


51 


kers,  as  often  as  may  be  necessary  for  the  proper  performance 
of  his  respective  duties  in  enforcing  the  provisions  of  this 
article. 

§ 3.  All  persons  using  weights  and  measures,  scale 
beams,  patented  balances,  steelyards,  or  any  other  instrument 
in  weighing  or  measuring  any  article  intended  to  be  purchased 
or  sold  in  the  City  of  Yonkers  shall  cause  the  same  to  be  sealed 
and  marked  by  the  Sealer  of  Weights  and  Measures  of  said 
city. 

§ 4.  Any  person  who  shall  in  weighing  or  measuring  any 
article  for  purchase  or  sale  within  the  City  of  Yonkers  use  any 
weight  not  sealed  and  marked  as  herein  required  shall  forfeit 
and  pay  the  sum  of  twenty-five  dollars  ($25.00)  for  each  and 
every  offence. 

§ 5.  It  shall  be  the  duty  of  the  Sealer  of  Weights  and 
Measures  upon  finding  any  instrument  which  shall  not  con- 
form to  the  State  standard,  to  cause  the  same  to  be  stamped 
or  marked  by  him  with  the  official  stamp  containing  the  word 
“condemned’  ’ and  such  seal  of  condemnation  shall  be  so 
placed  upon  such  instrument  or  other  implement  for  measur- 
ing if  possible  so  that  the  use  of  such  instrument  or  other  im- 
plement for  measuring  may  be  prevented  until  such  stamp  or 
seal  is  officially  removed.  Any  person  or  persons  who  shall 
wilfully  destroy  or  in  any  manner  erase  any  stamp  or  seal  of 
inspection  or  condemnation  from  any  scale,  weight  or  mea- 
sure, or  other  instrument  for  such  purpose  intended  shall  for- 
feit and  pay  a fine  not  less  than  Ten  Dollars  ($10.00)  and  not 
to  exceed  Fifty  Dollars  ($50.00). 

§ 6.  No  person  shall  refuse  to  exhibit  any  weights, 
measures,  scale  beams,  patent  balances,  steelyards  or  other 
instruments  to  the  Sealer  of  Weights  and  Measures  for  the 
purpose  of  being  so  inspected  and  examined  under  the  penalty 
of  Twenty-five  Dollars  ($25.00)  for  every  such  offence. 

§ 7.  No  person  shall  in  any  way  or  manner  obstruct, 
hinder  or  molest  the  Sealer  of  Weights  and  Measures  in  the 
performance  of  his  duties  as  hereby  imposed  upon  him,  or 
refuse  to  weigh  or  measure  or  exhibit,  and  to  permit  said 
Sealer  to  weigh  with  said  person's  scales,  any  article  of  mer- 


52 


Code  of  Ordinances. 


chandise  or  any  commodity  whatsoever  which  may  be  sold 
or  offered  for  sale ; any  such  person  failing  in  the  performance 
hereof  shall  be  subject  to  a fine  of  $25.00  for  each  such  offence. 

§ 8.  All  weights,  scale  beams,  patent  balances,  steel- 
yards and  other  instruments  used  for  weighing  shall  be  in- 
spected and  sealed  at  the  stores  and  places  where  the  same 
may  be  used,  but  in  case  any  of  them  shall  be  found  not  to 
conform  to  the  standard  of  this  State,  they  or  it  shall  be  con- 
demned, and  the  owner  thereof  shall  within  ten  days,  at  his 
expense,  have  the  same  so  altered  and  repaired  as  to  conform 
them  or  it  to  the  said  standard  of  the  State,  and  the  Sealer  of 
Weights  and  Measures  at  any  time  after  the  expiration  of  the 
time  aforesaid,  and  in  case  such  alterations  or  repairs  are  not 
made  as  herein  provided,  may  seize  and  destroy  any  and  all 
such  weights,  scale  beams,  patent  balances,  steel-yards,  or 
other  instruments  used  for  weighing.  Any  violation  of  the 
provisions  of  this  section  shall  be  subject  to  a fine  of  not  less 
than  ten  dollars  ($10.00)  nor  more  than  twenty-five  dollars 
($25.00). 

§ 9.  Any  instrument  used  as  dry  or  liquid  measure 
which  shall  be  found  by  the  Sealer  of  Weights  and  Measures, 
upon  being  tested  to  be  fraudulent  or  deficient  or  defective  in 
measure  or  capacity  and  all  tin  liquid  measures  found  in  any 
use  by  the  Sealer  of  Weights  and  Measures  for  measuring  dry 
commodities  and  any  balance,  weight  or  other  instruments 
found  to  be  out  of  balance  or  incorrect  or  misleading  by  the 
said  Sealer  of  Weights  and  Measures,  and  the  possession  of 
any  such  weights  or  measures  by  any  vendor  or  merchant  shall 
be  admitted  prima  facie  evidence  of  intent  to  defraud,  and 
the  person,  firm  or  corporation  found  violating  this  section 
shall  for  each  offense  be  fined  not  less  than  ten  dollars  ($10.00) 
or  more  than  fifty  dollars  ($50.00) . 

§ 10.  The  Sealer  of  Weights  and  Measures  shall  give  a 
certificate  to  the  owner  of  the  weights  or  measures  inspected, 
and  shall  keep  a record  of  such  certificate  given  on  a corres- 
ponding stub.  The  certificates  and  corresponding  stubs  shall 
be  numbered  consecutively.  The  books  containing  the  stubs, 
after  the  corresponding  certificates  have  been  given  out,  shall 


Code  of  Ordinances. 


53 


become  a public  record.  The  Sealer  shall  be  authorized,  when 
required,  to  certify  extracts  from  these  records. 

No  license  shall  be  issued  to  any  hawker,  or  street  ped- 
dler, vendor  or  dealer  unless  he  presents  a receipt  from  the 
Sealer  of  Weights  and  Measures,  showing  that  the  weights  and 
measures  used  by  him  have  been  properly  inspected,  tested 
and  sealed,  immediately  preceding  the  issuance  of  such  license. 
The  license  of  any  hawker  or  street  peddler  who  has  in  his 
possession  any  unsealed  weight  or  measure,  may  be  summarily 
revoked. 

§ 11.  All  weights,  measures,  scale  beams,  patent  bal- 
ances, steelyards  and  other  instruments  for  weighing,  to  be 
sealed  and  adjusted  by  a Sealer  of  Weights  and  Measures  in 
the  City  of  Yonkers  shall  be  made  to  conform  to  the  standard 
of  the  State,  and  shall  be  marked  by  him  with  the  initials  of 
his  name  and  the  date  on  which  the  same  shall  be  sealed  and 
marked. 

Upon  the  written  request  of  any  resident  of  the  City  of 
Yonkers  the  Sealer  of  Weights  and  Measures  shall  test  or 
cause  to  be  tested  within  a reasonable  time  after  the  receipt 
of  such  request,  the  weights,  measures,  scale  beams,  patent 
balances,  steelyards  or  other  instruments  used  in  buying  or 
selling  by  the  person,  firm  or  corporation  designated  in  such 
request. 

§ 12.  If  any  person  shall  use,  in  the  City  of  Yonkers, 
in  weighing  or  measuring,  as  aforesaid,  any  weight,  measure, 
scale  beam,  patent  balance,  steelyard,  or  other  instrument 
which  shall  not  conform  to  such  standard,  or  shall  use  in 
weighing  aforesaid,  any  scale  beam,  patent  balance,  steelyard 
or  other  instrument,  which  shall  be  out  of  order  or  incorrect, 
or  which  shall  not  balance,  he,  she  or  they  shall  forfeit  and 
pay  for  every  such  offence  the  sum  of  twenty-five  dollars. 

§ 13.  The  Sealer  shall  keep  a register  of  the  name  of 
each  person,  firm  or  corporation  whose  weights,  measures, 
scale  beams,  patent  balances,  steelyards  or  other  instruments 
have  been  inspected,  together  with  the  number  and  size  of 
same,  and  what  of  each  was  approved  and  what  condemned, 


54 


Code  of  Ordinances. 


with  the  date  of  inspection,  and  such  record  shall  be  open  to 
the  inspection  of  the  public  at  all  reasonable  times. 

§ 14.  No  person  shall  sell  or  offer  for  sale  in  any  market 
or  in  the  public  streets  or  in  any  other  place  in  the  City  of 
Yonkers,  any  fruits,  vegetables  or  berries  in  crates,  baskets 
or  other  measures,  or  any  butter  in  prints,  or  any  ice  or  coal 
or  other  fuel  at  or  for  a greater  weight  or  measure  than  the 
true  measure  thereof ; and  all  ice,  coal,  coke,  meats,  poultry 
and  provisions  (except  vegetables  sold  by  the  head  or  bunch) 
of  every  kind,  sold  in  the  streets  or  elsewhere  in  the  City  of 
Yonkers  shall  be  weighed  or  measured  by  scales,  measures  or 
balances  or  in  measures  duly  tested  and  stamped  by  the  Sealer 
of  Weights  and  Measures;  provided  that  poultry  may  be 
offered  for  sale  and  sold  in  other  manner  than  by  weight,  but 
in  all  cases  where  the  persons  intending  to  purchase  shall  so 
desire  and  request  poultry  shall  be  weighed  as  hereinbefore 
provided. 

§ 15.  Any  weights  or  scales  found  by  the  Sealer  of 
Weights  and  Measures  in  use  in  any  market,  in  the  public 
streets,  or  in  any  place  of  business,  which  upon  being  tested 
are  found  to  be  short  in  weight  may  be  summarily  confiscated 
and  destroyed. 

§ 16.  No  person  shall  sell  or  supply  any  coal  or  coke 
within  the  limits  of  the  City  of  Yonkers  unless  there  shall  be 
delivered  to  the  person  in  charge  of  the  wagon  or  conveyance 
used  in  such  delivery  a certificate  duly  signed  by  the  person 
selling  such  fuel,  showing  the  weight  of  the  fuel  proposed  to 
be  delivered,  the  weight  of  the  wagon  or  conveyance  used  in 
such  delivery,  the  total  weight  of  fuel  and  conveyance  and 
the  name  of  the  purchaser. 

§ 17.  No  person  in  charge  of  a wagon  or  conveyance 
used  in  delivering  coal,  coke  or  other  fuel,  to  whom  the  cer- 
tificate mentioned  in  the  previous  section  has  been  given, 
shall  neglect  or  refuse  to  supply  such  certificate  to  the  Sealer 
of  Weights  and  Measures,  or  to  any  person  designated  by 
him,  or  to  the  purchaser  or  intending  purchaser  of  the  fuel 
being  delivered;  and  when  the  said  officer  or  person  so 
designated,  or  the  intending  purchaser,  shall  demand  that 


Code  of  Ordinances 


55 


the  weight  shown  by  such  certificate  be  verified,  it  shall  be 
the  duty  of  the  person  delivering  such  fuel  to  convey  the 
same  forthwith  to  the  public  scale  or  any  private  scale,  and 
shall  after  the  delivery  of  such  fuel  return  forthwith  with 
the  wagon  or  conveyance  used  to  the  same  scale  and  verify 
the  weight  of  said  wagon  or  conveyance. 

§ 18.  One  hundred  pounds  of  coal  or  oven  coke  shall 
constitute  a hundred  weight,  and  twenty  such  hundred 
weights  shall  constitute  a ton ; and  no  coal  or  oven  coke  shall 
be  sold  except  by  avoirdupois  weight. 

§ 19.  Any  dealer  violating  any  of  the  provisions  of 
this  article,  relating  to  the  sale  of  coal,  or  oven  coke, 
or  who  shall  deliver  or  attempt  to  deliver  to  any  purchaser  a 
less  quantity  than  2,000  pounds  of  such  coal  or  coke,  for  each 
ton  purchased,  or  a proportionate  amount  for  any  part  of  a 
ton,  or  who  shall  practice  any  fraud  or  deceit  in  the  sale  or 
delivery  of  any  coal,  purchased  to  be  delivered  in  the  City 
of  Yonkers,  shall  be  fined  not  less  than  twenty-five  dollars 
($25.00)  or  more  than  one  hundred  dollars  ($100.00)  for 
each  offence. 

§ 20.  The  following  commodities,  foods  or  articles,  of 
merchandise,  shall  be  sold  as  herein  provided,  to  wit:  All  ice 
shall  be  sold  only  by  avo irdupois  weight . All  small  fruits  shall 
be  sold  by  even  measure.  All  milk  and  cream  that  shall  be 
sold  in  bottles,  shall  be  sold  only  in  half-pint,  one  pint  and 
one  quart  bottles. 

§ 21.  Hereafter  it  shall  not  be  lawful  for  any  person 
to  sell,  or  offer  for  sale  within  the  limits  of  the  City  of  Yonkers, 
any  hay  or  straw  by  the  bale  unless  the  exact  gross  and  net 
weight  shall  be  legibly  and  distinctly  marked  on  every  such 
bale  of  hay  or  straw,  under  a penalty  of  ten  dollars  ($10.00) 
for  each  bale  of  hay  or  straw  so  sold  or  offered  for  sale  in 
contravention  of  the  provisions  of  this  article. 

§ 22.  It  shall  be  the  duty  of  the  Sealer  of  Weights  and 
Measures  to  report  forthwith  to  the  Corporation  Counsel  the 
names  and  places  of  business  of  all  persons  violating  any  of 
the  provisions  of  these  sections,  and  all  persons  making  use 


56 


Code  of  Ordinances. 


of  any  fraudulent  or  unsealed  weights,  measures,  scales  or 
other  instruments  for  weighing  or  measuring. 

§ 23.  Any  person  or  corporation  who  shall  practice 
deceit  or  fraud  of  any  kind  whatsoever  in  the  sale  of  any 
commodity  or  article  of  merchandise  of  any  kind  whatsoever, 
whether  sold  by  dry  measurement,  or  linear  measurement,  or 
superficial  measurement,  or  cubic  measurement,  or  by  weight, 
or  by  any  unit  of  enumeration  used  in  determining  or  mea- 
suring any  quantity,  by  selling  or  offering  for  sale  any  com- 
modity or  article  of  merchandise  of  any  kind  whatsoever  or 
by  using  any  instrument  or  device  or  measure,  or  package 
that  shall  not  comply  with  the  requirements  of  this  article 
and  the  rules  and  regulations  established  by  the  said  Bureau 
of  Weights  and  Measures  of  the  State  of  New  York,  so  that 
such  sale  shall  be  in  quantities  of  less  weight  or  measure  of 
enumeration  represented  by  the  vendor  or  his  agent  or  em- 
ployee upon  such  sale  or  offer  of  sale,  or  who  shall  sell  or  offer 
for  sale  any  commodity  or  any  receptacle  containing  a less 
quantity  than  it  is  represented  at  the  time  of  such  offer  or 
sale  to  contain,  or  any  article  measured  by  dry  measure  that 
shall  not  be  heaped  up  measure  in  accordance  with  the  pro- 
visions of  this  article,  or  who  shall  sell,  or  offer  for  sale 
any  article  of  any  measurement  in  other  than  a legal  dry 
measure,  or  in  any  measure  which  has  not  been  inspected 
and  sealed  by  the  Sealer  of  Weights  and  Measures  in  accord- 
ance with  and  pursuant  to  the  provisions  of  this  article 
shall,  except  as  in  this  ordinance  otherwise  specifically  pro- 
vided, for  each  offense  be  subject  to  a fine  of  not  less  than 
ten  dollars  ($10.00)  or  more  than  fifty  dollars  ($50.00.) 

ARTICLE  X. 

SEWER  AND  DRAIN  CONNECTIONS. 


Section  1 . No  connection  shall  be  made  with  any  public 
sewer  without  a permit  from  the  Commissioner  of  Public 
Works  and  upon  a written  application  stating  the  location  of 
premises,  the  name  of  the  owner,  the  size  of  the  pipe  con- 


Code  of  Ordinances. 


57 


nection,  the  number  of  buildings  to  be  connected  and  how 
the  same  are  occupied. 

No  owner  or  occupant  of  any  premises  having  connection 
wdth  any  sewer  shall  permit  any  owner  or  occupant  of  prop- 
erty not  fronting  on  the  street  in  which  the  sewer  is  laid  to 
convey  or  cause  any  sewage  or  other  substance  to  be  con- 
veyed into  such  sewer  through  such  connection  pipe  and  no 
person  shall  connect  any  premises  with  or  cause  or  permit 
any  sewage  or  other  substance  to  be  conveyed  into  any  sewer, 
except  a sewer  laid  in  the  street  upon  which  such  premises 
have  a frontage,  without  a permit  from  the  Commissioner 
of  Public  Works. 

§ 2.  The  street  must  be  opened  and  the  pavement 
and  earth  deposited  in  a manner  that  will  occasion  the  least 
inconvenience  to  the  public,  and  provide  for  the  passage  of 
water  along  the  gutters. 

§ 3.  The  surface  of  the  street  pavement,  flagging  and 
gutters  must  be  restored  to  at  least  as  good  condition  as 
before  excavation,  and  the  paving  must  be  done  by  com- 
petent paver ; and  in  refilling  the  trench  the  same  earth  shall 
be  replaced  as  was  taken  out,  and  in  case  of  rock  excavation 
the  trench  shall  be  refilled  wdth  good  earth. 

§ 4.  All  connections  with  sewers  shall  be  made  in  ac- 
cordance with  the  rules  and  regulations  of  the  Bureau  of 
Health. 

§ 5 . All  persons  by  whom  any  excavation  is  to  be  made, 
for  construction,  altering  or  repairing  a vault,  waste  pipe  or 
drain  in  any  street  in  the  city,  shall  give  notice  in  writing 
thereof  to  the  Commissioner  of  Public  Works,  and  the  owners 
of  any  pipes  laid  in  the  street  about  to  be  disturbed  by  such 
excavation,  at  least  twenty -four  hours  before  commencing 
the  same,  and  such  persons  shall,  at  their  expense,  sustain, 
secure  and  protect  said  pipes  from  injury,  and  pack  the  earth 
whenever  the  same  shall  have  been  removed,  loosened  or 
disturbed  under  or  around  them,  so  that  such  pipes  shall  be 
well  and  substantially  supported. 

§ 6.  Any  person  violating  any  provision  of  this  article 


58 


Code  of  Ordinances. 


shall,  for  each  offence,  be  liable  to  a penalty  of  not  less  than 
five  dollars  nor  more  than  fifty  dollars,  in  the  discretion  of 
the  magistrate  convicting.  Such  penalty  shall  not  affect  any 
right  of  action  for  damages. 

ARTICLE  XL 

OF  FIRES,  AND  PRECAUTION  AGAINST  FIRE. 

Section  1.  No  person  shall  put  up  a pipe  of  any  stove, 
furnace  or  boiler,  unless  it  be  conducted  into  a chimney 
made  of  brick  or  stone,  without  permission  of  the  Commis- 
sioner of  Public  Safety,  under  a penalty  of  five  dollars,  and 
a further  penalty  of  one  dollar  for  every  twenty-four  hours 
that  the  same  shall  so  remain. 

§ 2.  No  person  shall  set  on  fire  or  burn  any  hay,  straw, 
chips,  shavings  or  other  combustible  substance  in  any  street 
or  on  any  lot  in  the  city,  except  between  the  rising  and  setting 
of  the  sun,  and  no  person  shall  build  a fire  or  burn  any 
material  or  refuse  whatever  on  any  street,  avenue  or  public 
place  in  the  City  of  Yonkers  which  is  paved  wdth  asphalt 
or  stone  block  pavement. 

Any  person  violating  the  provisions  of  this  section  shall 
be  liable  to  a penalty  of  not  less  than  ten  dollars  nor  more 
than  twenty-five  dollars  for  each  and  every  offence. 

§ 3.  It  shall  be  the  duty  of  the  Commissioner  of  Public 
Safety,  as  often  as  he  shall  deem  proper,  to  examine,  or 
cause  to  be  examined  all  buildings  in  the  city  for  the  pur- 
pose of  ascertaining  all  violations  of  any  act,  ordinance  or  re- 
solution having  for  its  purpose  the  prevention  of  or  precau- 
tion against  fires,  and  also  to  examine  all  buildings,  and  all 
chimneys,  fire  places,  hearths,  stoves  and  pipes  thereto,  ovens, 
boilers,  kettles  and  also  all  chemical  and  gas  apparatus 
which,  in  his  opinion,  may  be  dangerous  in  causing  or  pro- 
moting fires,  and  also  places  where  ashes  may  be  deposited, 
and  upon  finding  any  of  them  defective  or  dangerous,  the 
said  Commissioner  of  Public  Safety  shall  direct  the  owner 
or  occupant  of  such  building  or  premises,  by  a printed  or 


Code  of  Ordinances. 


59 


written  notice,  to  alter,  remove  or  change  the  same  in  such  a 
manner  and  within  such  reasonable  time  as  the  said  Com- 
missioner of  Public  Safety  may  deem  necessary,  and  in  case 
of  refusal  or  neglect  of  such  owner  or  occupant  to  comply 
with  such  notice,  he  shall  pay  the  sum  of  ten  dollars  for 
every  twenty-four  hours’  continuance  of  such  neglect  or 
refusal,  and  after  the  expiration  of  the  time  limited  in  said 
notice  the  Commissioner  of  Public  Safety  may  remove  or 
change  such  building,  appurtenance  or  fixtures  as  prescribed 
in  said  notice.  And  the  expense  of  such  removal  or  change, 
together  with  a fee  of  three  dollars,  to  be  paid  to  the  Com- 
missioner of  Public  Safety  making  such  removal  or  change, 
may  be  recovered  by  action  against  the  owner. 

§ 4.  No  ashes  shall  be  kept  or  deposited  in  anv  building 
in  that  part  of  the  city  included  within  the  boundaries  of  the 
late  Village  of  Yonkers,  unless  in  a close  and  secure  iron,  tin 
or  earthen  vessel,  or  in  a brick  or  stone  ash  house,  under  a 
penalty  of  three  dollars  for  each  offence,  and  a further  penalty 
of  one  dollar  for  every  twenty-four  hours  the  same  shall  so 
remain. 

§ 5.  No  person  shall  cut  or  injure  in  any  manner  any 
hose,  fire  engine  or  other  apparatus  provided  for  the  extin- 
guishment of  fires,  belonging  to  the  city,  nor  drive  a vehicle 
over  any  such  hose,  under  a penalty  of  not  less  than  ten  dollars 
nor  more  than  fifty  dollars,  in  the  discretion  of  the  magistrate 
convicting,  besides  being  liable  to  an  action  for  the  recovery 
of  the  damage  done. 

§ 6.  No  petroleum,  kerosene  or  other  combustible  oil 
or  fluid  used  for  illuminating  or  heating  purposes,  which  shall 
emit  an  inflammable  vapor  at  a temperature  below  one  hun- 
dred and  fifty  degrees  Fahrenheit,  shall  be  sold  or  kept  by 
any  dealer  within  the  city,  under  a penalty  of  not  less  than 
fifty  dollars  nor  more  than  one  hundred  dollars  for  each 
offence,  in  the  discretion  of  the  magistrate  convicting. 

§ 7.  Every  policeman  is  authorized  and  directed  to 
inspect  and  test  all  kerosene,  petroleum  and  other  combustible 
and  dangerous  oil,  fluids  or  other  substances,  sold,  carted, 
carried,  kept,  stored  or  used  in  the  city,  and  to  report  to  the 


60 


Code  of  Ordinances. 


Corporation  Counsel  every  violation  of  this  article  and  of  the 
general  statutes  relating  to  the  keeping  and  storing  of  pe- 
troleum or  other  dangerous  oils  or  fluids. 

§ 8.  No  person  shall,  by  outcries,  ringing  of  bells, 
sounding  of  alarm,  or  otherwise  raise  a false  alarm  of  fire  in 
this  city,  under  a penalty  of  not  less  than  ten  dollars  nor  more 
than  fifty  dollars,  in  the  discretion  of  the  magistrate  con- 
victing. 


ARTICLE  XII. 

OF  THE  RUNNING  AT  LARGE  OF  ANIMALS  IN  THE 

STREETS. 

Section  1.  No  cattle,  horses,  asses,  mules,  sheep,  goats, 
swine,  geese  or  fowls,  shall  be  permitted  to  run  at  large,  or  to 
be  pastured,  in  or  upon  any  street,  and  if  found  running  at 
large  therein,  or  being  pastured  therein,  such  animals  may  be 
impounded  in  one  of  the  city  pounds,  from  which  they  shall 
not  be  released  until  there  shall  be  paid  to  the  pound-keeper 
the  sum  of  two  dollars  for  every  cattle,  horse,  ass  or  mule; 
one  dollar  for  every  swine,  five  dollars  for  every  goat,  and 
twenty-five  cents  for  every  goose  or  sheep  impounded  as 
aforesaid,  one-half  of  which  sum  or  sums  shall  be  paid  to  the 
said  pound-keeper  for  the  use  of  the  person  driving  said 
animal  or  animals  to  said  pound,  and  the  other  half  shall  be 
paid  by  the  pound-keeper  to  the  City  Treasurer,  and  also  until 
the  said  pound-keeper  be  paid  the  reasonable  cost  of  providing 
necessary  sustenance  for  the  animal  so  impounded,  and  for 
advertising  and  selling  the  same.  Pound-keepers  shall  receive 
no  animals  from  a minor. 

§ 2 . It  shall  be  the  duty  of  the  pound-keeper  to  provide 
necessary  sustenance  for  all  animals  impounded  and  kept  in 
any  of  the  public  pounds,  and  it  shall  be  lawful  for  the  pound- 
keeper  to  sell  at  public  vendue  any  animal  or  animals  im- 
pounded pursuant  to  the  preceding  section  1,  at  any  time 
after  the  expiration  of  three  days  from  the  time  they  shall  be 
so  impounded,  the  said  pound-keeper  giving  at  least  forty- 


Code  of  Ordinances. 


61 


eight  hours’  previous  public  notice  of  the  time  and  place  of 
sale  by  advertisement  to  be  put  up  at  the  pound,  the  City 
Hall  and  two  other  public  places.  But  upon  the  payment  of 
the  penalty  prescribed  in  the  preceding  section,  and  the  ex- 
pense of  sustenance  aforesaid,  at  any  time  before  sale,  the 
same  shall  be  released.  The  pound-keeper  shall,  after  retain- 
ing from  such  sale  all  expenses  incurred  for  sustenance  and 
the  penalty,  pay  the  balance  to  the  City  Treasurer.  The 
pound-keeper  shall  not  purchase,  or  be  interested,  directly  or 
indirectly,  in  the  purchase  of  animals  sold  by  him  as  pound- 
keeper,  under  a penalty  of  ten  dollars  and  a forfeiture  of  his 
office. 

§ 3.  Every  owner,  possessor  or  person  who  harbors  any 
dog  shall  take  out  a license  for  each  dog,  paying  the  sum  of 
one  dollar  for  each  dog,  All  licenses  shall  be  dated  from  the 
first  day  of  May  in  each  and  every  year,  and  shall  be  for 
one  year  from  date.  Said  license  shall  be  issued  by  the  City 
Clerk,  and  signed  by  the  Mayor’s  Clerk,  and  shall  have  the 
name  of  the  owner,  and  the  number  of  the  license  on  it.  Any 
dog  so  licensed  must  have  a collar  around  his  neck  with  the 
number  of  the  license  thereon  or  upon  a metal  tag  attached 
to  the  collar.  Any  dog  so  licensed  must,  when  in  the  street, 
be  held  by  such  owner  or  other  person,  secured  by  a cord, 
rope  or  chain  not  more  than  four  feet  in  length ; but  the  owner, 
at  his  option,  may  use  instead  of  the  above  a muzzle  con- 
structed so  as  to  prevent  the  dog  from  biting;  and  hereafter 
no  dog,  whether  licensed  or  unlicensed,  shall  be  allowed  to 
run  at  large  in  any  street,  and  if  any  dog  shall  be  found  so 
running  at  large  the  owner  thereof  or  person  harboring  the 
same  shall  be  subject  to  a penalty  of  five  dollars  ($5.00) . It 
shall  be  the  duty  of  the  City  Clerk  to  furnish  to  the  pound- 
keeper  a list  of  all  persons  to  whom  dog  licenses  are  issued, 
together  with  the  number  of  the  license  issued  to  each,  and  it 
shall  be  the  duty  of  the  pound-keeper  to  notify  the  owner  of 
each  licensed  dog  which  may  be  brought  to  the  pound. 

The  provisions  of  this  section,  except  those  relating  to 
leading  and  muzzled  dogs  and  dogs  running  at  large,  shall 
not  apply  to  dogs  owned  by  non-residents  remaining  tempor- 


62 


Code  of  Ordinances. 


arily  or  in  passing  through  the  city,  or  to  dogs  brought  into 
the  city  for  purpose  of  exhibition. 

But  the  provisions  of  this  section  shall  apply  to  all  dogs 
the  owner  or  owners  of  which  travel  about  in  parties  of  two 
or  more  in  wagons  or  other  conveyances  upon  the  public 
highways,  and  who  live  in  wagons  or  tents,  a part  if  not  all 
the  time,  having  as  a principal  means  of  support,  and  whose 
only  visible  business  is  the  buying  and  selling  and  trading  in 
horses,  and  other  live  stock,  or  the  telling  of  fortunes. 

§ 4.  All  dogs  unlicensed,  or  without  tags  if  licensed,  or 
unsecured,  or  running  at  large  on  any  of  the  streets  of  this 
city  between  the  first  day  of  June  and  the  first  day  of  October, 
shall  be  taken  to  one  of  the  city  pounds  and  there  detained 
for  twenty-four  hours.  If  not  reclaimed  within  that  time 
such  dog  shall  be  disposed  of  by  killing  or  otherwise,  in  the 
discretion  of  the  pound-keeper.  The  person  so  claiming  any 
dog  shall  at  the  time  produce  to  the  pound-keeper  a license 
for  said  dog,  and  shall  pay  to  the  pound-keeper  the  sum  of 
one  dollar,  but  in  case  of  any  dog  being  killed,  as  hereinbefore 
directed,  the  owner  thereof  shall  not  be  liable  for  the  penalty 
aforesaid. 

§ 5.  The  Mayor  shall  employ  a dog -catcher  and  may 
discharge  him  at  pleasure.  The  dog  catcher  shall  bring  to 
the  city  pound  all  dogs  found  in  the  streets  in  violation  of 
the  provisions  of  this  article;  said  dog -catcher  shall  receive 
as  compensation  not  exceeding  the  sum  of  six  hundred  dollars 
per  annum,  as  the  Board  of  Estimate  and  Apportionment 
may  determine,  payable  monthly.  Said  officer  shall  wear  a 
uniform,  and  it  shall  be  his  duty  to  keep  a record  of  his  office 
and  attend  to  the  destruction  of  such  animals  as  should  be 
destroyed. 

Any  person  delivering  to  the  pound-keeper  any  dog  not 
found  on  the  streets  in  violation  of  sections  1 and  2 shall  be 
subject  to  a penalty  of  not  less  than  ten  dollars  ($10.00.) 

§ 6.  No  person  shall  break  into  or  attempt  to  break 
into  or  in  any  manner  injure  any  of  the  city  pounds,  under 
a penalty  of  fifty  dollars. 

§ 7 . No  person  shall  rescue  or  turn  away  from  the  cus- 


Code  of  Ordinances. 


63 


tody  of  any  person  driving,  leading  or  conveying  to  any  of 
the  city  pounds  any  animal  prohibited  from  running  at  large, 
or  pasturing  in  any  street,  or  interfere  with,  obstruct,  or 
hinder  any  person  driving  any  such  animals,  under  a penalty 
of  not  less  than  twenty-five  dollars,  nor  more  than  fifty 
dollars,  in  the  discretion  of  the  magistrate  convicting. 


ARTICLE  XIII. 

HACKNEY  COACHES,  CABS,  STAGES.  DRIVERS  AND 

EXPRESSMEN. 


Section  1.  The  Mayor  is  hereby  authorized  to  grant 
licenses,  under  the  corporate  seal,  attested  by  the  City  Clerk, 
to  keep  hackney  coaches,  carriages,  cabs  for  hire,  express 
wagons,  and  piano  moving  wagons,  and  to  suspend  or  revoke 
said  licenses  at  pleasure. 

§ 2.  Every  person  licensed  shall  pay  to  the  City  Clerk 
for  each  hackney  coach  or  carriage  which  such  person  shall 
keep  for  hire  the  sum  of  three  dollars,  and  for  each  cab  the 
sum  of  two  dollars,  for  each  license  so  granted  between  the 
1st  day  of  June  and  the  1st  day  of  January;  and  one-half  of 
said  sums  for  each  license  granted  between  the  1st  day  of 
January  and  the  1st  day  of  June,  and  for  every  renewal  of 
any  such  license  one-half  of  such  yearly  license  fee. 

§ 3.  No  person  shall  keep  or  drive  any  hackney  coach, 
carriage  or  cab  without  a license. 

§ 4.  Every  driver  of  a hackney  coach,  carriage  or  cab 
shall,  on  receiving  his  license,  pay  to  the  City  Clerk  the  sum 
of  one  dollar  therefor,  and  for  every  renewal  thereof  the  sum 
of  fifty  cents. 

§ 5.  Every  driver  of  an  express  wagon,  furniture  van, 
or  piano  moving  wagon,  shall,  on  receiving  his  license,  pay 
to  the  City  Clerk,  for  each  such  wagon  or  van,  the  sum  of 
five  dollars,  and  for  each  renewal  of  said  license  the  sum  of 
three  dollars.  No  person  shall  keep  or  drive  any  express 


64 


Code  of  Ordinances. 


wagon, [furniture  van  or  piano  moving  wagon  without  such 
license. 

§ 6.  No  person  shall  drive  any  hackney  coach,  carriage 
cab,  furniture  van  or  piano  moving  wagon  without  being  at 
the  time  licensed  as  aforesaid ; and  no  owner  of  any  hackney 
coach,  carriage,  cab,  furniture  van  or  piano  moving  wagon 
shall  suffer  or  permit  any  person  to  drive  such  hackney 
coach,  carriage  or  cab  who  is  not  licensed  as  aforesaid. 

§ 7.  Every  licensed  owner  or  driver  of  any  hackney 
coach,  carriage,  cab,  express  wagon,  piano-moving  wagon  or 
furniture  van,  whenever  he  shall  drive  the  same,  or  shall  be 
with  his  coach,  carriage,  cab,  express  wagon,  piano-moving 
wagon  or  furniture  van,  on  any  public  stand,  or  at  any  of 
the  steamboat  or  other  landings,  or  railroad  depots,  or  while 
waiting  for  employment  at  any  place,  shall  wear  conspicu- 
ously on  his  left  breast  a badge  in  the  form  of  a shield,  to  be 
made  of  German  silver  or  other  white  metal,  with  the  number 
of  his  coach,  carriage,  cab,  express  wagon,  piano-moving 
wagon  or  furniture  van  thereon  in  plain  black  figures  of  not 
less  than  one-half  inch  in  length,  and  the  word  “Licensed” 
above  and  the  word  “Hack,”  “Express,”  Furniture  van,”  or 
“Piano-moving  van,”  as  the  case  may  be,  beneath  such 
number  in  semi-circular  form,  the  letters  to  be  not  less  than 
one-quarter  of  an  inch  in  length. 

§ 8.  The  Mayor  is  hereby  authorized  to  designate 
public  stands;  to  permit  so  many  and  such  coaches,  carriages 
cabs,  express  wagons,  furniture  vans,  or  piano-moving 
wagons,  as  in  his  judgment,  may  be  necessary  to  stand  at 
such  places  as  he  may  deem  proper  for  the  accommodation  of 
the  public.  The  Mayor  or  the  Commissioner  of  Public  Safety 
may  give  such  orders  respecting  the  standing  of  hackney 
coaches,  carriages,  cabs,  express  wagons,  furniture  vans,  or 
piano-moving  wagons,  at  and  near  railroad  depots,  and 
places  of  amusement  at  night,  and  at  and  near  the  landing 
places  of  steamboats  and  other  vessels,  at  all  times,  and  at 
and  upon  the  stands  designated  and  specified  for  such 
hackney  coaches,  carriages,  cabs,  express  wagons,  furniture 
vans,  or  piano-moving  wagons,  as  may  be  necessary  to 
preserve  order,  and  all  such  orders  shall  be  obeyed. 


Code  of  Ordinances. 


65 


§ 9.  No  person,  except  a licensed  driver  of  a hackney 
coach,  carriage  or  cab,  shall  wear  the  badge  of  any  licensed 
driver,  or  any  badge  purporting  to  be  the  badge  of  any  licensed 
driver;  nor  shall  any  person  other  than  a licensed  driver  or 
owner  solicit  passengers  for  any  hackney  coach,  carriage  or 
cab ; nor  shall  any  licensed  driver  wear  any  other  than  his  own 
badge,  or  suffer  or  permit  any  other  person  to  wear  his  badge. 

§ 10.  Every  driver  of  any  hackney  coach,  carriage  or 
cab  shall  present  to  every  passenger  employing  him  a card,  on 
which  shall  be  legibly  printed  the  number  of  the  coach, 
carriage  or  cab  driven  by  him,  and  also  the  name  of  the  owner, 
and  the  location  of  the  stable,  together  with  the  place  of  the 
Mayor’s  office,  and  the  whole  of  section  17. 

§ 11.  The  last  four  sections  shall  not  apply  to  any 
licensed  owner  or  driver  having  a special  license. 

§ 12.  Every  hackney  coach,  carriage  or  cab  which  shall 
resort  to  or  come  upon  any  of  the  stands,  or  which  shall  be 
found  waiting  for  hire  at  a place  other  than  the  stable  of  the 
owner  thereof,  shall  be  marked  and  numbered  in  the  manner 
following,  that  is  to  say:  The  license  number  of  the  hackney 
coach,  carriage  or  cab  shall  be  fixed  in  plain,  legible  figures 
in  metal,  of  at  least  two  inches  in  length,  and  a quarter  of  an 
inch  thick,  on  each  side  of  the  rocker,  immediately  under  the 
doors  of  the  carriage,  on  the  outside  thereof,  and  such  con- 
spicuous place  on  the  inside  of  the  coach,  carriage  or  cab  as 
shall  be  designated  and  approved  by  the  Commissioner  of 
Public  Safety. 

§ 13.  Every  hackney  coach,  carriage  or  cab  when 
driven  or  used  in  the  night,  shall  have  upon  some  conspicuous 
part  of  the  outside  thereof  two  lighted  lamps  with  plain  glass 
fronts  and  sides  and  have  its  license  number  in  plain  legible 
figures  at  least  two  inches  in  length  (and  no  other  figure  or 
device)  painted  with  black  paint  upon  each  of  the  side  lamps. 

§ 14.  No  owner  or  driver  of  any  hackney  coach,  carriage 
or  cab  while  on  any  of  the  stands  or  at  any  steamboat  landing 
or  other  landing,  or  while  waiting  for  employment  at  any 
place,  other  than  at  the  stable  or  residence  of  the  owner 
thereof,  shall  refuse  or  neglect  to  convey  any  person  or  persons 


66 


Code  of  Ordinances. 


to  any  place  or  places  in  the  city,  but  shall  immediately  carry 
such  person  or  persons  to  the  place  required,  and  shall  not 
take  any  other  passengers  without  his  or  their  consent. 

§ 15.  No  person,  whether  owner  or  driver  of  any  hack- 
ney coach,  carriage  or  cab,  or  accommodation  stage  coach, 
while  waiting  for  employment  at  any  public  stand,  or  at  any 
steamboat  landing  or  other  landing  shall  snap  or  flourish  his 
whip,  or  leave  such  coach,  carriage  or  cab  or  accommodation 
stage  coach,  and  go  on  board  of  any  steamboat  or  other  vessel, 
or  on  any  pier  or  wharf,  for  the  purpose  of  looking  for  employ- 
ment for  such  coach,  carriage  or  cab  or  accommodation  stage 
coach. 

§ 16.  All  of  the  provisions  and  penalties  of  this  article, 
except  those  requiring  lamps,  shall  apply  also  to  sleighs,  and 
to  the  owners  and  drivers  thereof,  when  such  sleigh  shall  be 
driven  and  used  for  the  conveyance  of  passengers  or  goods 
for  hire  or  wages. 

§ 17.  The  prices  or  rates  of  fare  to  be  taken  by  or  paid 
to  the  owners  or  drivers  of  hackney  coaches,  carriages  or  cabs 
shall  be  as  follows,  to  wit: 

1.  For  conveying  one  or  two  passengers  any  distance 
not  exceeding  one  mile,  fifty  cents,  and  for  each  additional 
passenger  twenty-five  cents. 

2.  For  carrying  a passenger  any  distance  exceeding  one 
mile  and  within  one  mile  and  a half  one  dollar,  and  for  each 
additional  passenger  twenty-five  cents. 

3.  For  conveying  a passenger  any  distance  exceeding 
one  mile  and  a half  and  not  exceeding  two  miles  one  dollar 
and  fifty  cents,  and  for  each  additional  passenger  fifty  cents. 

4.  For  conveying  a passenger  any  distance  exceeding 
two  miles  and  not  exceeding  three  miles,  two  dollars,  and  for 
each  additional  passenger  fifty  cents. 

5.  For  conveying  a passenger  to  any  place  within  the 
city  limits,  exceeding  a distance  of  three  miles,  two  dollars 
and  fifty  cents,  and  for  each  additional  passenger  fifty  cents. 

6.  For  conveying  a passenger  to  Bronxville,  Tuckahoe 
or  Mount  Vernon  Depot,  two  dollars  and  fifty  cents,  and  for 
each  additional  passenger  fifty  cents. 


Code  of  Ordinances. 


67 


7.  For  returning  a passenger,  one-half  the  rates  above 
prescribed  for  the  conveyance  of  “a  passenger,”  and  for  re- 
turning each  additional  passenger,  the  same  rates  as  above 
prescribed  for  the  conveyance  of  “each  additional  passenger.” 

8.  For  the  use  of  a hackney  coach  or  carriage  by  the 
hour,  with  one  or  more  passengers,  with  the  privilege  of  going 
from  place  to  place,  and  stopping  as  often  as  may  be  required, 
one  dollar  and  fifty  cents  per  hour,  and  for  the  use  of  a cab  in 
the  same  manner  one  dollar  per  hour. 

9.  For  the  conveyance  of  children  between  the  ages  of 
2 and  12  years,  half  price  only  is  to  be  charged,  and  for  chil- 
dren under  2 years  of  age,  no  charge  is  to  be  made. 

10.  For  attending  a funeral  at  Oakland  or  St.  John’s 
Cemetery  with  a hackney  coach  or  carriage,  four  dollars ; with 
a cab,  two  and  a half  dollars;  and  at  the  Catholic  Cemetery 
with  a hackney  coach  or  carriage,  five  dollars;  with  a cab, 
three  dollars;  and  at  Woodlawn  Cemetery  with  a hackney 
coach  or  carriage,  six  dollars;  with  a cab,  four  dollars;  which 
charges  shall  include  the  necessary  detention  and  returning 
of  the  passengers. 

1 1 . Whenever  a hackney  coach,  carriage  or  cab  shall  be 
detained,  excepting  as  aforesaid,  the  owner  or  driver  of  a 
hackney  coach  or  carriage  shall  be  allowed  at  the  rate  of  one 
dollar  per  hour,  and  the  owner  or  driver  of  a cab  shall  be  al- 
lowed at  the  rate  of  seventy-five  cents  per  hour. 

12.  Every  driver  or  owner  of  a hackney  coach,  carriage, 
or  cab  shall  carry,  transport  or  convey  in  or  upon  his  coach, 
carriage  or  cab,  in  addition  to  the  person  or  persons  therein, 
one  trunk,  valise,  carpet  bag,  portmanteau  or  box,  not  ex- 
ceeding fifty  pounds  in  weight,  for  each  passenger,  if  he  be 
requested  so  to  do,  without  charge  or  compensation,  but  for 
every  trunk  or  such  other  article  above  named  weighing  over 
fifty  pounds,  or  in  excess  of  one  for  each  passenger,  he  shall 
be  entitled  to  charge  the  same  rate  as  for  conveying  an 
additional  passenger. 

13.  In  all  cases  where  the  hiring  of  a hackney  coach, 
carriage  or  cab  is  not  at  the  time  thereof  specified  to  be  by 
the  day  or  hour,  it  shall  be  deemed  by  the  mile. 

14.  The  owner  of  a hackney  coach,  carriage  or  cab  shall 
not  be  entitled  to  receive  any  pay  for  the  conveyance  of  any 


68 


Code  of  Ordinances. 


passenger  from  whom  he  shall  have  demanded  any  greater 
price  or  rate  than  he  may  be  authorized  to  receive  as  afore- 
said, and  unless  the  number  of  his  hackney  coach,  carriage  or 
cab,  and  the  rates  and  prices  of  fare,  shall  be  fixed  and  placed 
in  his  vehicle  in  the  manner  prescribed  by  this  article,  at  the 
time  such  passenger  may  be  conveyed  in  such  vehicle. 

§ 18.  The  Mayor  is  hereby  authorized  to  grant  licenses 
under  the  corporate  seal,  attested  by  the  City  Clerk,  to  keep 
special  hackney  coaches,  carriages  or  cabs,  which  shall  not 
use  the  public  stands. 

§ 19.  Every  person  licensed  as  provided  in  the  last 
preceding  section,  shall  pay  to  the  City  Clerk  the  same  license 
fee  as  hereinbefore  provided  in  section  2. 

§ 20.  The  Commissioner  of  Public  Safety  and  his  agents 
or  officers  shall,  at  all  reasonable  times,  have  free  access  to 
such  hackney  coaches,  carriages  and  cabs,  within  the  prem- 
ises of  their  owners,  without  hindrance. 

§ 21.  Such  members  of  the  police  force  of  the  City  of 
Y onkers  as  may  be  designated  by  the  Commissioner  of  Public 
Safety  shall  be  the  inspectors  of  hacks. 

§ 22.  It  shall  be  the  duties  of  the  inspectors  of  hacks  to 
visit  the  public  stands,  and  all  places  where  hackney  coaches, 
carriages  and  hacks  are  permitted  to  stand.  Every  inspector 
of  hacks  shall  have  the  power  to  order  away  from  the  stands, 
and  from  all  other  places,  any  hackney  coach,  carriage  or  cab 
not  provided  with  a number  or  with  lamps,  lighted  and  num- 
bered as  hereinbefore  required,  or  not  furnished  with  proper 
and  suitable  harness  and  horses,  or  if  the  same  in  his  opinion 
shall  be  improperly  obstructing  the  street,  or  if  the  horses 
attached  thereto  are  unruly,  or  if  the  driver  or  person  having 
charge  of  any  such  hackney  coach,  carriage  or  cab  is  intoxi- 
cated or  in  any  manner  misbehaves  himself. 

§ 23 . It  shall  be  the  duty  of  the  said  inspectors  of  hacks 
to  see  that  all  the  laws  regulating  hackney  coaches,  carriages 
and  cabs  are,  in  every  respect,  complied  with. 

§ 24.  Licenses  to  keep  and  run  accommodation  coaches, 
stages  or  vehicles  for  the  transportation  of  passengers  for  hire, 


Code  of  Ordinances. 


69 


upon  designated  routes,  may  be  issued  by  the  Mayor,  under 
the  corporate  seal,  and  attested  by  the  City  Clerk.  Such 
licenses  shall  specify  in  each  case,  and  for  each  of  such  coaches, 
stages  or  vehicles,  the  name  of  the  owner,  its  number,  and  the 
route  for  which  the  license  shall  be  granted. 

§ 25.  Every  person  licensed  by  virtue  of  the  preceding 
section  24  shall  pay  therefor  for  every  such  accommodation 
coach,  stage  or  vehicle  kept  or  used  by  him,  the  sum  of  three 
dollars,  for  a license,  to  expire  June  1,  next  thereafter,  if 
granted  after  January  1,  and  one  dollar  and  fifty  cents  if 
granted  after  January  1 ; and  for  a license  of  one  or  more  days 
the  sum  of  twenty-five  cents  for  each  and  every  day.  The 
price  of  rates  of  fare  to  be  charged  by  or  paid  to  the  owners 
and  drivers  of  such  accommodation  coaches,  stages  and 
vehicles  shall  not  exceed  the  sum  of  ten  cents  for  each  mile 
and  the  fraction  of  a mile  for  each  passenger. 

§ 26.  No  person  shall  keep  or  drive  for  hire  any  accom- 
modation coach  or  stage,  or  stage  coach,  by  whatever  name 
or  title  the  same  may  be  known  or  designated,  without  being 
licensed  as  aforesaid. 

§ 27.  The  Mayor  is  hereby  authorized  to  grant  licenses 
to  drivers  of  such  coaches  as  are  herein  mentioned,  as  often  as 
may  be  necessary,  and  to  suspend  or  revoke  the  same  when- 
ever he  may  deem  it  expedient ; and  every  driver  of  a stage 
or  accommodation  coach  shall,  on  receiving  his  license,  pay 
to  the  City  Clerk  the  sum  of  twenty-five  cents. 

§ 28.  The  provisions  and  penalties  of  the  several  sec- 
tions of  the  article  regulating  hackney  coaches,  and  the 
drivers  thereof,  shall  apply,  in  every  respect,  to  all  accom- 
modation stages,  or  coaches,  or  stage  coaches,  which  shall  or 
may  be  licensed,  by  virtue  of  the  provisions  of  this  article, 
and  to  the  drivers  thereof.  • 

§ 29.  All  licenses  granted  under  the  provisions  of  this 
article,  except  daily  licenses,  shall  expire  on  the  first  Monday 
of  June,  next  after  the  date  thereof. 

§ 30.  Every  license  granted  under  the  provisions  of 
this  article  shall  state  the  number  of  the  hackney  coach  or  cab, 
sleigh,  accommodation  coach,  or  stage  coach,  express  wagon, 


70 


Code  of  Ordinances 


furniture  van  or  piano-moving  wagon,  and  a separate  license 
shall  be  taken  out  for  each. 

§31.  Every  person  licensed  as  aforesaid  may,  without 
additional  license,  use  or  drive  a sleigh  instead  of  the  licensed 
hackney  coach,  carriage,  cab,  or  accommodation  stage,  or 
other  vehicle.  All  provisions  of  this  article,  except  as  herein- 
before provided,  shall  apply  to  such  sleigh. 

§ 32.  The  words  “hackney  coach,  carriage  or  cab,”  as 
used  in  this  article,  shall  be  construed  to  mean  such  vehicles 
as  are  used  or  driven  to  convey  passengers  for  hire. 

§ 33.  Every  person  violating  any  of  the  provisions  of 
this  article  shall  pay  a penalty  of  not  less  than  five  dollars  nor 
more  than  twenty- five  dollars  for  each  offence. 


ARTICLE  XIV. 

OF  THE  COMMISSIONER  OF  CHARITIES. 

Section  1.  The  Commissioner  of  Charities  may  grant 
such  temporary  relief  to  the  poor  as  in  his  judgment  may  be 
proper.  No  such  relief  shall  be  granted  to  any  person  whose 
support  shall  not  be  a charge  upon  the  city,  under  the  pro- 
visions of  law,  and  who  shall  not  have  obtained  a settlement 
in  the  city  as  such  settlement  is  defined  in  Section  40,  of 
Chapter  46,  of  the  Laws  of  1909,  otherwise  known  as  the 
“Poor  Law,”  nor  shall  any  such  relief  be  granted  to  any  such 
persons  as  are  able  but  refuse  to  earn  their  own  support. 
Such  relief  shall  not  be  granted  in  money,  but  in  only  the 
following  articles,  viz.:  Shoes,  clothing,  coal,  wood,  pro- 
visions, and  medicines  when  ordered  by  a district  physician, 
except  that  in  case  of  sickness,  the  Commissioner  may  grant 
physician.  Such  relief  shall  be  granted  by  written  orders  on 
tradesmen,  specifying  the  person  to  be  aided  and  his  or  her 
residence,  the  articles  to  be  delivered,  and  the  limit  of  the 


Code  of  Ordinances. 


71 


amount  to  be  furnished.  Such  orders  shall  be  numbered 
consecutively.  No  relief  shall  be  granted  in  any  other  man- 
ner, nor  shall  the  aggregate  amount  of  relief  granted  to  the 
poor  exceed  the  amount  appropriated  therefor  in  the  annual 
budget. 

§ 2.  Such  tradesmen  shall  make  their  claims  for  the 
articles  furnished  as  aforesaid,  against  the  Commissioner  of 
Charities,  verify  the  same,  and  annex  thereto  the  said  orders, 
upon  which  shall  be  made  an  itemized  account  of  the  articles 
furnished. 

§ 3.  The  Commissioner  of  Charities  shall  keep  a record, 
properly  indexed,  of  the  name,  condition  and  necessities  of  all 
persons  who  apply  to  him  for  relief.  He  shall  issue  relief 
orders,  only  from  relief  order  books,  with  appropriate  stubs, 
upon  which  he  shall  write  the  date  of  issue,  the  name  of  the 
tradesman,  and  of  the  person  relieved,  and  the  amount  of 
relief  granted.  He  shall  keep  a record  of  all  persons  sent  by 
him  to  the  County  Poor  House,  or  other  institutions.  All 
such  books  shall  be  the  property  of  the  city. 

§ 4.  The  Commissioner  of  Charities  is  hereby  charged 
with  the  performance  of  every  duty  charged  upon  Overseers 
of  the  Poor  of  towns.  All  prosecutions  and  actions  ordered 
by  him  or  commenced  against  him  shall  be  conducted  in  his 
behalf  by  the  Corporation  Counsel. 

§ 5.  The  Commissioner  of  Charities  shall  not  be  inter- 
ested, directly  or  indirectly,  in  any  supplies,  goods  or  relief 
to  be  furnished  to  the  poor,  on  his  order ; nor  shall  he  receive 
any  money,  goods,  percentages  or  gratuity  whatever  from 
any  person  furnishing  on  his  order  any  article  for  the  relief 
of  the  poor;  nor  shall  any  person  pay  any  such  money  or 
other  thing  to  such  Commissioner  of  Charities. 

§ 6.  Any  person  violating  any  of  the  provisions  of  this 
article  shall  pay  a penalty  of  twenty-five  dollars  for  each 
offense,  and  the  Commissioner  of  Charities  shall,  besides  such 
penalty,  be  liable  to  be  suspended  and  removed  from  office. 


72 


Code  of  Ordinances. 


ARTICLE  XV 

THE  INSPECTION  OF  STEAM  BOILERS  AND  EN- 
GINEERS, AND  LICENSING  ENGINEERS 
AND  FIREMEN. 

Section  1 . The  use  of  steam  boilers,  except  as  authorized 
by  this  article,  is  hereby  prohibited,  and  no  person  shall  use, 
or  permit  any  other  person  to  use,  a steam  boiler  until  the 
same  shall  have  been  duly  inspected,  and  the  use  thereof 
permitted  and  licensed,  as  in  this  article  provided. 

§ 2.  No  person  shall  operate,  manage  or  run  a steam 
engine  or  boiler,  except  such  persons  as  shall  have  been  ex- 
amined and  licensed  so  to  do  under  the  provisions  of  this 
article.  Said  applicant  must  not  be  less  than  twenty-one 
years  of  age,  of  sober  habits,  and  a citizen  of  the  United 
States. 

§ 3.  There  shall  be  an  Inspector  of  Engineers  and  Fire- 
men and  of  Steam  Boilers,  and  two  Examiners  of  Engineers 
and  Firemen,  who  shall  be  nominated,  and  with  the  consent 
of  the  Common  Council,  appointed  by  the  Mayor.  The  said 
Inspector  shall  be  a practical  machinist  and  engineer  of  at 
least  five  years’  practice  and  experience,  and  fully  acquainted 
with  the  applied  philosophy  of  steam.  The  said  Examiners 
shall  each  be  practical  engineers  not  having  charge  of  any 
engine  or  boiler  in  the  city.  The  term  of  office  of  said  In- 
spector and  Examiners  shall  begin  upon  the  first  day  of 
January.  They  shall  severally  hold  their  office  one  year, 
and  until  their  successors  are  appointed  and  shall  have 
qualified.  The  penalty  of  the  bond  required  from  said  In- 
spector shall  be  two  hundred  and  fifty  dollars  ($250.00) . 

§ 4.  The  said  Inspector  shall  be  a resident  of  the  city 
and  the  title  of  his  office  shall  be:  “ The  Inspector  of  Engi- 
neers and  Firemen  and  of  Steam  Boilers  of  the  City  of 
Yonkers,”  and  the  title  of  the  office  of  said  Examiners  shall 
be:  “ Examiners  of  Engineers  and  Firemen  of  the  City  of 
Yonkers.”  The  said  inspector  and  examiners  shall  receive 
no  pay  or  compensation  other  than  that  allowed  by  the 


Code  of  Ordinances. 


73 


Board  of  Estimate  and  Apportionment.  The  said  Inspector 
and  Examiners  shall  constitute  a Board  of  Examiners  for 
the  examination  of  all  applicants  for  examination  and  license 
as  engineers  and  firemen  under  the  provisions  of  this  article, 
and  the  said  Inspector  shall  keep  a record  of  all  the  pro- 
ceedings of  such  Board.  The  said  Inspector  shall  keep  a 
record  of  all  engineers  examined  by  such  Board  of  Examiners, 
specifying  in  all  cases  the  name  of  the  person  examined,  the 
date  of  examination  and  the  particulars  of  the  examination, 
and  the  date  of  any  license  granted  on  such  examination, 
and  of  all  renewals  thereof,  and  of  any  other  matter  with 
reference  to  such  examination  and  license  and  to  the  person 
licensed  which  he  shall  think  proper  for  the  protection  of  the 
public.  He  shall  also  keep  a record  of  all  boilers  inspected, 
the  manner  and  time  of  the  inspection,  the  owners’ names  and 
the  place  of  inspection,  a description  of  such  boilers  and  of 
the  attachments  and  appliances  thereof,  the  date  and  par- 
ticulars of  any  license  granted  for  any  such  boiler,  and  of 
any  changes  authorized  to  be  made  in  any  such  boiler  or  its 
appliances,  and  the  steam  pressure  desired  by  the  owner  and 
the  amount  of  steam  pressure  authorized.  He  shall  keep  an 
accurate  account  of  all  fees  by  him  received.  He  shall  make 
monthly  reports  to  the  Mayor  and  City  Comptroller  showing 
the  names  of  persons  licensed  as  engineers  and  the  number 
of  their  licenses  respectively;  of  the  boilers  inspected,  and 
the  names  of  the  owners  and  location  of  the  boilers,  the 
numbers  of  the  licenses  and  boilers,  respectively;  the  fees 
received  and  from  whom  received,  and  the  reason  why  not 
licensed  when  a license  shall  have  been  refused.  Said  In- 
spector at  the  expiration  of  his  term  of  office,  or  when 
suspended  from  office,  shall  deliver  to  the  City  Clerk  all 
records,  books,  papers  and  other  property  belonging  to  the 
city. 

§ 5 . The  said  Inspector  shall  annually  inspect  all  steam 
boilers  set  up,  used  or  to  be  used  in  said  city,  and  all  appli- 
ances connected  therewith,  and  test  the  same.  He  shall  do  so 
at  such  times  as  shall  interfere  as  little  as  possible  with  the 
business  connected  with  the  use  of  steam  generated  in  such 
boilers.  He  shall  give  reasonable  notice  of  the  day  and  hour 


74 


Code  of  Ordinances. 


of  day  when  he  will  make  such  inspection  and  test,  by  notice 
in  writing  to  be  delivered  to  any  person  found  in  charge  of 
any  such  boiler.  The  strength  and  security  of  such  boiler 
shall  be  tested  by  hydrostatic  pressure  and  he  shall  limit  the 
pressure  of  steam  to  be  applied  to  or  upon  such  boilers  re- 
spectively. In  limiting  the  amount  of  pressure,  whenever 
the  boiler  under  test  will  bear  the  same,  the  limit  desired  by 
the  owner  shall  be  allowed  and  licensed  by  the  Inspector. 

§ 6.  In  case  any  steam  boiler  or  the  appliances  or  ap- 
paratus connected  therewith  shall  be  found  by  said  In- 
spector, after  inspection  and  license,  to  be  insecure  or  dan- 
gerous, he  shall  prescribe  in  writing  to  the  owner  such  changes 
and  alterations  as  may  render  such  boilers,  apparatus  and 
appliances  secure  and  devoid  of  danger,  and  in  the  mean- 
while, and  until  such  changes  and  alterations  are  made,  and 
such  appliances  attached,  such  boiler,  apparatus  and  appli- 
ances may  be  taken  under  his  control,  and  all  persons  are 
prohibited  from  using  the  same  except  under  such  conditions 
and  restrictions  as  the  said  Inspector  may  prescribe  in  writing, 

§ 7 . The  hydrostatic  pressure  applied  by  such  inspector 
in  testing  any  steam  boiler  shall  in  no  case  exceed  the  limit 
of  elasticity  of  the  iron  of  which  made.  When  the  elasticity 
of  the  iron  of  which  the  boiler  is  made  shall  have  been  ascer- 
tained such  shall  be  the  assumed  strength  of  the  iron.  When 
not  so  ascertained  and  known  the  limit  of  elasticity  assumed 
shall  not  exceed  9,220  pounds  of  pressure  per  square  inch  of 
a section  when  double  riveted  by  machine,  or  8,925  pounds 
per  square  inch  when  double  riveted  by  hand,  and  8,180 
pounds  per  square  inch  when  single  riveted. 

§ 8.  No  person  shall  subject  or  permit  any  other  person 
to  subject  any  boiler  to  a higher  steam  pressure  than  that 
specified  for  its  use  in  the  license  to  be  issued,  which  shall  in 
no  case  exceed  seventy-five  per  cent,  of  the  hydrostatic  pres- 
sure applied  on  the  inspection. 

§ 9.  No  steam  boiler  shall  be  used  which  shall  not  have 
a safety  valve  or  valves  of  sufficient  area  to  carry  off  the 
steam  as  fast  as  generated.  No  boiler  shall  be  used  which 
shall  not  have  sufficient  and  appropriate  appliances  for  sup- 


Code  of  Ordinances. 


75 


plying  it  with  water.  No  boiler  shall  be  used  without  three 
or  more  gauge  cocks,  also  a glass  water  gauge,  all  properly 
affixed  in  the  proper  places  and  in  good  working  order.  And 
all  boilers  shall  have  their  record  number  securely  and  per- 
manently fixed  upon  same,  with  metal  figures  not  less  than 
two  inches  in  height,  said  number  shall  be  placed  there  by 
owner  of  boiler  and  shall  not  be  removed  under  penalty  as 
hereinafter  provided.  No  person  shall  use  or  permit  to  be 
used,  any  steam  boiler  in  this  city  not  so  provided,  and  no 
person  shall  load,  lock  or  hamper  the  safety  valve  of  any 
boiler  so  that  steam  applied  to  the  limit  of  pressure  will  not 
freely  escape  therefrom.  The  said  Inspector  is  hereby  au- 
thorized and  empowered,  after  having  inspected  and  tested 
as  in  this  article  provided,  any  steam  boiler,  to  issue  to  the 
owner  of  such  boiler  a license  under  his  hand,  licensing  and 
permitting  the  use  of  such  boiler,  which  shall,  after  such  in- 
spection and  test,  have  been  found  by  him  to  be  safe  for  use. 
Such  license  shall,  as  near  as  may  be,  describe  the  boiler 
inspected,  tested  and  licensed,  the  name  of  the  owner,  the 
date  when  inspected  and  tested,  the  number  of  pounds  per 
square  inch  to  which  subjected,  the  number  of  pounds  per 
square  inch  permitted  and  authorized,  the  time  during  which 
such  boiler  may  be  used  under  such  license,  not  exceeding 
one  year,  and  the  day  when  such  license  shall  expire;  such 
license  shall  also  particularly  show  how,  and  in  what  manner 
provided  as  to  all  the  particulars  required  in  this  article. 
All  such  licenses  shall  be  numbered  consecutively.  Such 
licenses  shall  in  all  cases  be  conspicuously  displayed  at  all 
times  in  the  engine  or  boiler  room. 

§ 10.  No  such  license  shall  be  used  for  any  other  boiler 
than  the  one  for  which  it  was  issued. 

§ 11.  No  boiler  shall  be  removed  after  any  such  inspec- 
tion or  test  without  previous  notification  to  said  Inspector  of 
the  intention  so  to  do,  and  without  obtaining  his  written 
permission,  or  reset  without  a further  inspection  and  test. 
A violation  of  the  provisions  of  this  section  shall  work  the 
revocation  of  the  license. 

§ 12.  No  person  shall  without  a license,  to  be  issued  by 


76 


Code  of  Ordinances. 


said  Inspector,  as  in  this  article  provided,  operate,  manage 
or  run,  any  steam  engine  or  boiler,  within  this  city  and  then 
only  while  such  license  shall  be  in  force  and  for  the  plant 
issued;  provided,  however,  that  in  case  the  licensees  should 
desire  to  remove  the  operation,  management  or  running  of 
any  steam  engine  or  boiler  to  a plant  other  than  that  for 
which  his  license  shall  have  been  originally  issued,  said  In- 
spector shall  upon  examination  and  ascertainment  that  said 
license  is  applicable  to  said  other  plant,  issue  a transfer 
thereto  to  said  licensee. 

§ 13.  No  person  having  charge  or  control  of  any  steam 
engine  or  boiler,  either  as  owner,  superintendent  or  employer, 
shall  employ,  engage,  authorize  or  permit  any  person  to 
operate,  manage  or  run  any  steam  engine  or  boiler  except  a 
person  having  a license  to  be  issued  as  in  this  article  provided 
and  only  while  such  license  is  in  force. 

§ 14.  A.  Licenses  for  first  class  shall  be  required  for  all 
plants  of  over  200  horse  power.  No  person  shall  be  granted 
a first  class  license  until  he  has  furnished  the  Board  of  Ex- 
aminers with  satisfactory  proof  that  he  has  had  at  least  five 
years’  practical  experience. 

B . Licenses  for  second  class  shall  be  limited  to  plants  of 
200  horse  power  or  to  any  one  acting  as  assistant  to  an  en- 
gineer holding  a first  class  license.  No  person  shall  be  granted 
a second  class  license  until  he  has  furnished  the  Board  of 
Examiners  with  satisfactory  proof  that  he  has  had  at  least 
three  years’  practical  experience. 

C.  Licenses  for  third  class  shall  be  limited  to  plants  of 
not  over  40  horse  power,  portable  steam  engines,  hoisting  en- 
gines, or  road  rollers,  or  to  man  acting  as  assistant  to  an 
engineer  holding  a license  of  the  second  class.  No  person 
shall  be  granted  a third  class  license  until  he  has  furnished 
the  Board  of  Examiners  with  satisfactory  proof  that  he  has 
had  at  least  two  years’  practical  experience. 

D.  For  the  purpose  of  this  ordinance,  boiler  H.  P.  shall 
be  computed  on  a basis  of  12  square  feet  of  heating  surface, 
per  H.  P. 

§ 15.  It  shall  be  the  duty  of  the  aforesaid  Board  of 


Code  of  Ordinances. 


77 


Examiners  to  examine  all  persons  proposing  to  operate,  man- 
age or  run  steam  engines  or  boilers,  and  to  certify  the  quali- 
fications of  such  as  they  find  competent,  and  to  license  such 
persons  to  operate,  manage  and  run  steam  engines  or  boilers 
either  as  first  or  second  or  third  class  engineers  or  firemen 
as  in  Section  16  hereof  provided.  Persons  desiring  such  ex- 
amination shall  apply  to  said  Inspector  in  writing,  specifying 
in  full  their  names,  place  of  residence,  by  street  number,  if 
possible,  their  present  employment,  the  length  of  time  of 
their  employment  as  engineers  or  firemen,  the  places  where 
employed  for  one  year  last  past  and  by  whom  employed  and 
the  names  and  addresses  of  at  least  three  residents  of  the 
City  of  Yonkers  acquainted  with  their  habits  of  sobriety. 
Every  application  must  be  made  to  said  Board  with  a written 
request  from  the  employer  of  the  applicant  for  such  exam- 
ination. Such  examination  shall  be  held  Friday  evenings  of 
each  week  at  8 o’clock  and  oftener  if  required. 

§ 16.  Every  person  examined  for  certificate  and  license 
as  an  engineer  or  fireman  shall  be  examined  by  said  Board 
of  Examiners  as  to  his  knowledge  of  the  mechanism  of  steam 
machinery  and  the  construction  thereof,  his  mechanical  skill, 
general  knowledge  and  experience  and  his  habits  of  sobriety. 
There  shall  be  four  classes  of  licenses;  one  to  first-class  en- 
gineers, one  to  second-class  engineers,  and  one  to  third-class 
engineers  and  one  to  firemen.  To  all  such  persons  as  shall 
satisfactorily  show,  by  such  examinations,  their  qualifications 
and  competency  to  manage  operate  and  run  a steam  engine 
or  boiler,  without  hazard  to  life  and  property,  the  said  Board 
is  hereby  authorized  and  required  forthwith  to  issue  a license, 
which  shall  be  signed  by  said  Inspector  and  countersigned 
by  said  Examiners.  Such  license  shall  specify  the  class  in 
which  the  person  to  whom  it  is  issued  is  granted  either  as 
first  or  as  a second-class,  or  third-class  engineer.  License 
to  a fireman  shall  only  authorize  the  person  to  whom  it  is 
issued  to  have  charge  of  a steam  boiler  when  not  connected 
with  any  engine,  or  when  the  engine  connected  therewith 
shall  not  be  running  or  in  operation.  All  such  licenses  shall 
be  for  one  year  from  the  date  thereof.  Such  licenses  may  be 
renewed  by  said  Board  of  Examiners  for  a like  period.  No 


78 


Code  of  Ordinances. 


such  license  shall  be  issued  or  renewed  to  any  person  if  it 
appears  to  said  Board  of  Examiners  that  such  person  lacks 
natural  capacity,  mechanical  skill,  knowledge  or  experience, 
or  is  unfitted  by  habits  of  insobriety,  to  perform  his  duties 
with  safety  to  life  and  property;  and  for  like  reasons  a re- 
newal of  any  license  must  be  refused  when  such  Board  shall 
so  determine,  and  upon  satisfactory  information  to  said 
Board  of  Examiners  of  any  such  deficiency,  said  Board  may 
revoke  any  such  license  granted. 

§ 17.  Any  person  feeling  himself  aggrieved  by  any  de- 
cision, order  or  ruling  of  said  Board  of  Examiners  may  appeal 
therefrom  to  the  Mayor  of  the  City  of  Yonkers,  by  filing 
with  the  City  Clerk  a notice  in  writing  of  such  appeal,  and 
paying  to  the  City  Clerk  the  sum  of  ten  dollars.  Such  notice 
shall  specify  the  decision,  order  or  ruling  appealed  from  and 
the  reason  why  the  same  is  claimed  to  be  wrong  or  erroneous. 
The  City  Clerk  shall  forthwith  notify  the  Mayor  of  such  ap- 
peal who  shall  instruct  the  Inspector  and  Board  of  Exam- 
iners to  name  two  (2)  operating  engineers  of  the  city,  and 
said  appellant  likewise  to  name  two  (2)  operating  engineers 
of  the  city,  who  shall  select  a fifth  engineer,  likewise  a resi- 
dent of  the  city.  These  five  (5)  engineers  shall  constitute  a 
jury  to  decide  whether  the  appellant  is  entitled  to  a license 
for  the  plant  for  which  he  has  asked  for  an  examination  and 
the  decision  of  a majority  of  said  jury  shall  be  conclusive. 
In  case  any  such  order,  decision  or  ruling  of  said  Board  of 
Examiners  is  wholly  reversed  by  said  jury,  the  money  paid 
by  such  appellant  to  the  Clerk  shall  be  returned  to  the 
appellant. 

§ 18.  When  any  steam  boiler  shall  have  been  inspected 
and  insured  by  any  insurance  company  organized  and  author- 
ized by  law  to  insure  steam  boilers,  and  a certificate  of 
inspection  and  insurance  thereof  shall  have  been  issued  and 
delivered  by  such  company  to  the  owners  thereof,  such  cer- 
tificate of  inspection  and  of  insurance  shall  by  the  owner  of 
such  boiler  be  presented  to  the  said  Inspector  of  Engineers 
and  Firemen  and  of  Steam  Boilers,  at  or  before  the  time  fixed 
by  the  said  Inspector  for  the  inspection  and  testing  of  said 
boiler,  and  in  the  notice  prescribed  in  Section  5 of  this  Ar- 


Code  of  Ordinances. 


79 


tide,  shall  state  the  fact  that  he  has  such  certificate  of  in- 
spection and  insurance,  and  if  the  said  Inspector  of  Engineers 
and  Firemen  and  Steam  Boilers  shall  approve  of  such  cer- 
tificate, and  of  the  company  issuing  the  same,  and  of  the 
manner  of  the  inspection  and  the  results  thereof,  as  stated 
therein,  he  shall  write  upon  the  face  of  the  certificate  the 
word  “ approved,”  and  sign  and  date  the  same,  and  he  may 
thereupon  issue  a license  for  such  boiler,  without  actual  in- 
spection and  testing,  stating  in  such  license  the  matters 
above  required  to  be  stated  in  such  license,  obtaining  his 
information  of  such  matters  from  such  certificate  where  such 
certificate  shall  state  such  facts,  and  he  shall  in  such  license 
state  the  fact  of  such  boilers  not  having  been  actually  in- 
spected and  tested  by  him  because  of  such  certificate  of  in- 
spection and  insurance.  When  such  certificate  of  inspection 
and  insurance  does  not  state  all  the  matters  necessary  to  be 
stated  in  such  license,  he  shall  obtain  such  facts  from  actual 
examination  or  inspection  or  testing  as  the  case  may  be. 

§ 19.  Any  person  violating  any  provision  of  the  fore- 
going sections  1 and  10  of  this  article  shall  forfeit  and 
pay  a penalty  of  one  hundred  dollars  ($100.00)  for  each  and 
every  such  violation,  and  when  the  violation  shall  be  con- 
tinued from  day  to  day  a further  penalty  of  one  hundred 
dollars  ($100  00)  for  each  and  every  day  such  violation  shall 
be  continued. 

§ 20.  Any  person  violating  any  of  the  provisions  of  the 
foregoing  sections,  6,  8,  and  9 of  this  article  shall  forfeit 
and  pay  a penalty  of  fifty  dollars  ($50.00)  for  each  and  every 
such  violation,  and  when  the  violation  shall  be  continued 
from  day  to  day,  a further  penalty  of  fifty  dollars  ($50.00) 
for  each  and  every  day  such  violation  shall  be  continued. 

§21.  Any  person  violating  any  of  the  provisions  of  the 
foregoing  sections  2,  12  and  13  of  this  article  shall  forfeit 
and  pay  a penalty  of  twenty-five  dollars  ($25.00)  for  each 
and  every  violation,  and  when  the  violation  shall  be  con- 
tinued from  day  to  day  a further  penalty  of  twenty-five 
dollars  ($25.00)  for  each  and  every  day  such  violation  shall 
be  continued. 


80 


Code  of  Ordinances. 


§ 22.  The  Inspector  of  Engineers  and  Steam  Boilers 
shall  collect  and  receive  the  following  fees: 

1.  For  the  examination  of  a steam  engineer  or  fireman 
the  sum  of  two  dollars  ($2.00) , to  include  the  fee  for  license 
to  be  granted  when  the  person  shall  be  found  qualified,  and 
for  every  transfer  or  renewal  of  such  license  the  sum  of  fifty 
(50)  cents. 

2.  For  inspecting  and  testing  a single  steam  boiler,  five 
dollars  ($5.00) , and  when  two  or  more  steam  boilers  are 
connected  and  are  inspected  and  tested  at  the  same  time 
the  sum  of  three  dollars  ($3.00)  for  each  boiler  after  the  first. 
When  the  inspection  of  such  additional  steam  boilers  may 
not  be  made  at  the  same  time  with  the  first  boiler  five  dollars 
for  such  additional  boiler.  The  foregoing  to  include  the  fee 
for  the  license  to  be  issued  to  authorize  the  use  of  such  boiler. 

3.  For  inspecting  a certificate  of  inspection  and  insur- 
ance of  a steam  boiler  issued  by  an  insurance  company  and 
issuing  a license  for  such  boiler,  one  dollar  ($1.00). 

4.  The  said  Inspector  shall  pay  over  to  the  City  Treas- 
urer all  such  fees. 

§ 23.  This  article  shall  not  apply  to  railroad  locomo- 
tives used  as  such,  nor  to  automobiles  propelled  by  steam 
nor  to  boilers  actually  used  for  propelling  steam  vessels  navi- 
gating the  Hudson  River  when  the  same  shall  have  been  in- 
spected and  licensed  by  the  laws  of  the  United  States  or  in 
pursuance  thereof.  Nor  shall  this  article  apply  to  steam 
boilers  solely  used  for  heating  purposes,  carrying  less  than 
15  pounds  steam,  nor  to  persons  operating  the  same. 

§ 24.  In  addition  to  the  penalty  heretofore  prescribed 
any  person  violating  any  provision  of  this  article  shall  be 
deemed  guilty  of  a misdemeanor,  and  subject  to  a fine  of 
not  more  than  fifty  dollars  ($50.00)  or  imprisonment  of  not 
more  than  six  months  or  by  both  such  fine  and  imprisonment 
in  the  discretion  of  the  court. 


Code  of  Ordinances. 


81 


ARTICLE  XVI. 

COVERING  THE  MANUFACTURE,  TRANSPORTATION, 
SALE,  STORAGE  AND  USE  OF  FIREWORKS. 

TITLE  I. 

Section  1.  For  the  purpose  of  these  regulations  the 
following  substances  and  articles  are  understood  to  be  meant 
by  the  terms  fireworks: 

Any  substance  or  composition  of  substances  prepared 
for  the  purpose  of  obtaining  a visible  or  audible  pyrotechnic 
effect  by  combustion,  explosion,  or  detonation ; any  fireworks 
composition  or  signal  composition  preparation  manufactured 
for  use  or  used  in  obtaining  visible  or  audible  pyrotechnic 
effects  by  combustion,  deflagration,  or  detonation.  Fire- 
works or  signals  are  meant  to  include  any  combustible  or 
explosive  compound  which  is  combined  with  a case,  con- 
tainer, or  holder  for  the  purpose  of  obtaining  a visible  or 
audible  pyrotechnic  effect  by  combustion,  deflagration,  or 
detonation. 

§ 2.  No  person,  firm  or  corporation,  except  as  herein 
elsewhere  specified  and  after  procuring  a license  therefor,  as 
herein  provided,  shall,  within  the  corporate  limits  of  the 
City  of  Yonkers,  manufacture  any  fireworks  composition, 
signal  composition,  fireworks  or  signal  composition,  fireworks 
or  signals. 

§ 3.  Licenses  and  permits  for  the  manufacture  of  fire- 
works will  be  issued  only  after  a survey  made  upon  written 
application  to  the  Commissioner  of  Public  Safety.  Said  ap- 
plication shall  be  in  duplicate ; shall  include  a plan,  in  dupli- 
cate, of  the  proposed  manufactory,  drawn  to  a scale  of  an 
eighth  of  an  inch  to  the  foot,  showing  the  several  buildings, 
and  having  those  buildings  which  will  contain  explosive  sub- 
stances and  are  dangerous  marked  “ dangerous;  ” shall  de- 
scribe the  premises  where  the  manufacture  is  to  be  carried 
on;  state  the  distance  from  adjoining  buildings,  streets,  and 
public  places ; state  the  nature  and  use  of  adjoining  buildings ; 


82 


Code  of  Ordinances. 


specify  place  and  manner  of  keeping  raw  material;  state 
manner  and  place  of  storage  of  the  finished  product,  together 
with  the  quantities  of  explosives  or  highly  combustible  sub- 
stances; and  shall  give  such  other  information  as  may  be 
called  for.  The  Commissioner  of  Public  Safety  shall  have  a 
survey  made  of  such  premises,  and  if  the  product  of  the  manu- 
facture is  allowed  by  law  to  be  sold  or  used,  and  if  said  manu- 
facture and  storage  can  be  carried  on  under  the  conditions 
of  said  application,  or  can  be  amended  so  as,  in  the  opinion 
of  the  Commissioner  of  Public  Safety,  not  unduly  to  endanger 
the  public  safety,  a license  and  permit  may  be  issued. 

§ 4.  No  permit  shall  be  issued  to  fireworks  manufac- 
turers for  the  manufacture  of  nitro-glycerine,  guncotton,  gun- 
powder, blasting  powder,  high  explosives  or  small  arms 
ammunition.  Upon  any  deviation  from  the  conditions  of 
the  application  or  from  the  terms  of  the  permit,  the  Com- 
missioner of  Public  Safety  may  revoke  the  license  or  permit. 

§ 5.  No  permit  will  be  granted  for  the  manufacture  of 
fireworks  or  other  explosive  or  combustible  compositions  or 
articles  except  upon  premises  where  the  following  conditions 
as  to  safety  limits  can  be  met. 

§ 6.  All  places  where  the  manufacture  of  fireworks  is 
carried  on  must  have  at  least  three  (3)  fire-hydrants,  placed 
in  different  parts  of  the  yard  or  premises,  with  sufficient 
hose  attached  at  all  times  to  reach  any  part  of  the  buildings 
where  the  manufacture  or  storage  is  carried  on;  there  shall 
be  within  fifty  (50)  feet  of  each  building  at  least  twenty  gal- 
lons of  water  in  buckets  fit  and  ready  for  use. 

§ 7.  In  the  fabrication  of  fireworks  the  following  dis- 
tances from  buildings  not  controlled  by  the  licenses  shall  be 
observed:  In  case  of  storage  of  an  amount  not  in  excess  of 
twenty-five  (25)  pounds  of  powder  or  other  explosive  ma- 
terial, one  hundred  (100)  feet;  exceeding  twenty-five  pounds 
and  not  more  than  one  hundred  pounds  of  powder  or  other 
explosive  materials,  three  hundred  (300)  feet;  over  one  hun- 
dred (100)  pounds  and  not  exceeding  five  hundred  (500) 
pounds,  seven  hundred  (700)  feet;  over  five  hundred  (500) 
pounds  and  not  exceeding  fifteen  hundred  (1,500)  pounds , 


Code  of  Ordinances. 


83 


one  thousand  (1,000)  feet;  and  in  no  event  shall  permit  for 
storage  in  excess  of  fifteen  hundred  (1,500)  pounds  be  issued. 
But  this  provision  shall  not  apply  to  finished  or  partly  fin- 
ished fireworks  in  storehouses. 

§ 8.  Previous  to  the  issue  of  licenses  as  herein  pre- 
scribed, applicants  shall  furnish  and  file  with  the  City  Clerk 
a bond  in  the  penal  sum  of  five  thousand  dollars  ($5,000.00), 
approved  as  to  sufficiency  by  the  Commissioner  of  Public 
Safety,  and  as  to  form  by  the  Corporation  Counsel,  condi- 
tioned for  the  payment  to  the  City  of  Yonkers,  or  to  any 
person  entitled  thereto,  of  any  loss,  damage  or  injury  re- 
sulting to  persons  or  property  by  reason  of  the  manufacture 
of  such  fireworks.  Nothing  herein  contained  shall  impair 
or  otherwise  affect  any  existing  contract  or  arrangement  be- 
tween the  manufacturers  or  vendors  of  fireworks  in  regard 
to  the  liability  of  such  manufacturers  or  vendors  and  their 
employees,  as  to  the  liability  as  between  such  employers 
and  employees,  nor  shall  this  provision  prohibit  such  em- 
ployers and  employees  from  'entering  into  such  contract  or 
arrangement  as  to  liability  between  themselves  as  they  may 
have  made  or  may  hereafter  make  one  with  the  other. 

§ 9.  The  manufacture  of  railroad,  ship,  or  signal  lights 
and  rockets  shall  be  governed  by  the  same  rules  and  laws 
governing  the  manufacture  of  fireworks. 

§ 10.  A competent  watchman  must  be  on  guard  at  all 
times,  excepting  when  the  works  are  in  active  operation. 

§ 11.  All  factories  must  be  supplied  with  some  means 
of  communication  with  the  Fire  Department,  such  as  tele- 
phones or  alarm  boxes,  so  that  instant  notice  may  be  given 
in  cases  of  fire. 

§ 12.  The  manufacture  of  the  following  goods  is  pro- 
hibited in  the  city: 

Colored  or  tableau  fire,  containing  sulphur  and  chlorate 
of  potash  in  admixture. 

Railroad  track  torpedoes. 

Photographers’  flashlight. 

Picrate  of  potash. 


84 


Code  of  Ordinances. 


Fireworks  whistles. 

Explosive  marbles. 

Firecrackers  made  of  any  other  mixture  than  black 
powder  composed  of  sulphur,  saltpetre  and  charcoal  com- 
position. 

Torpedoes  larger  than  three-quarters  of  an  inch  in 
diameter. 

§ 13.  The  packing  or  storage  of  torpedoes  in  paper  or 
cardboard  shipping  packages  is  prohibited;  nor  will  manu- 
facturers be  permitted  to  store  packages  or  cases  containing 
more  than  1,000  pieces  of  toy  torpedoes,  except  what  is 
known  to  the  trade  as  “ penny  ” or  smallest  size  torpedoes. 

§ 14.  Roman  candles  must  be  packed  with  the  stems 
all  pointing  in  one  direction,  and  the  label  must  be  affixed 
to  packages  on  the  end  opposite  the  stems. 

§ 15.  The  manufacture  of  any  composition  that  is  used 
for  detonating  purposes,  primers,  or  electric  fuses,  or  any 
composition  that  is  used  to  obtain  effect  by  combustion,  ex- 
plosion or  detonation,  in  cannon  machines  or  rapid  fire  guns, 
in  military  or  naval  guns,  shells  torpedoes  or  war-rockets, 
is  prohibited. 

, § 16.  No  license  for  the  manufacture  of  fireworks 

within  the  city  shall  be  issued  unless  said  fabrication  is  to  be 
carried  on  in  the  charge  of  a practical  pyrotechnist  of  at  least 
ten  years’  experience  as  manager  or  superintendent  or  work- 
man in  a fireworks  factory  in  this  country,  and  holding  a 
Certificate  of  Fitness  issued  by  the  Commissioner  of  Public 
Safety.  The  said  manager  or  practical  pyrotechnist  must 
pass  an  examination  before  the  Commissioner,  as  to  his 
fitness  to  conduct  properly  a factory  of  this  character,  and 
upon  receiving  said  certificate,  and  not  until  then,  he  can 
conduct  a place  where  the  manufacture  of  fireworks  is 
carried  on. 

§ 17.  The  Commissioner  of  Public  Safety  may,  in  his 
discretion,  withdraw  or  suspend  the  Certificate  of  Fitness 
issued  to  a manager  or  superintendent,  for  violation  of  these 
regulations,  or  carelessness  in  conducting  the  operations 
under  his  charge. 


Code  of  Ordinances. 


85 


§ 18.  The  license  fee  for  the  manufacture  of  fireworks 
shall  be  one  hundred  dollars  ($100.00)  per  annum.  The 
license  fee  for  the  manufacture  of  paper  caps  and  toy  tor- 
pedoes shall  be  twenty  dollars  ($20.00)  per  annum;  and  the 
license  fee  for  the  manufacture  of  signals  shall  be  twenty 
dollars  ($20.00)  per  annum. 


TITLE  II. 

STORAGE  AND  SALE  OF  FIREWORKS  AT  WHOLE- 
SALE. 

Section  1.  No  person,  firm  or  corporation,  except  as 
hereinafter  specified,  and  after  procuring  a license  and  permit 
therefor,  as  herein  provided,  shall,  within  the  corporate 
limits  of  the  city,  store  or  keep  any  fireworks  or  compounds 
containing  an  explosive  mixture  or  any  composition  that  is 
manufactured  for  use  or  is  used  as  a combustible,  explosive 
or  detonating  composition. 

§ 2.  Previous  to  the  issue  of  licenses  for  sale  of  fire- 
works at  wholesale  and  transportation  of  same  through  the 
city,  applicants  shall  furnish  and  file  with  the  Commissioner 
of  Public  Safety  a bond,  approved  as  to  sufficiency  by  him, 
and  as  to  form  by  the  Corporation  Counsel,  in  the  penal  sum 
of  five  thousand  dollars  ($5,000.00),  conditioned  for  the  pay- 
ment to  the  City  of  Yonkers,  or  to  any  person  entitled 
thereto,  of  any  loss,  damage  or  injury  resulting  to  persons 
or  property  by  reason  of  the  storing  or  handling  of  such  fire- 
works. Manufacturers  of  fireworks  and  pyrotechnists,  who 
have  filed  bonds  under  the  provision  of  Section  8,  Title  I.,  of 
these  regulations,  shall  not  be  required  to  file  an  additional 
bond  under  the  provisions  of  this  section. 

§ 3.  Permits  will  be  issued  after  a survey  made  upon 
written  application  to  the  Commissioner  of  Public  Safety. 
Applications  shall  describe  the  premises  where  the  storage 
and  sale  is  to  be  carried  on. 


86 


Code  of  Ordinances. 


§ 4.  No  permit  for  wholesaling  will  be  granted  where 
any  part  of  the  premises  is  occupied  for  dwelling  purposes. 

§5.  No  wholesale  permits  will  be  granted  for  the  stor- 
age or  sale  of  fireworks  at  any  building  or  premises  where 
any  of  the  following  kinds  of  business  is  carried  on: 

(a)  Where  cigars  or  cigarettes  are  kept  for  sale. 

(b)  Where  paints,  oils  or  varnishes  are  manufactured  or 
kept  for  use  or  sale. 

(c)  Where  dry  goods  of  any  kind,  or  other  light  materials 
of  a combustible  nature,  excepting  flags,  paper  lanterns, 
paper  balloons  or  decorations  are  kept  for  sale. 

(d)  In  carpenter  shops  or  drug  stores ; in  buildings  where 
hemp,  oil  or  other  product  of  petroleum  is  sold;  or  in  any 
building  where  gunpowder,  blasting  powder  or  other  explo- 
sives are  sold. 

(e)  Where  matches,  rosin,  turpentine,  hemp  or  cotton 
are  stored  or  kept  for  sale. 

§ 6.  No  permit  will  be  issued  for  sales  at  wholesale  in 
any  frame  or  wooden  buildings  in  the  city,  except  as  pro- 
vided in  Section  7 of  this  Title. 

§ 7.  Permits  may  be  issued  at  the  discretion  of  the 
Commissioner  of  Public  Safety  for  frame  or  wooden  build- 
ings wherever  the  erection  of  frame  buildings  is  permitted 
by  law. 

§ 8.  All  parties  to  whom  permits  are  issued  shall  place 
and  keep  in  convenient  parts  of  the  premises  at  least  thirty- 
two  gallons  of  water  in  buckets  fit  and  ready  for  use  in  case 
of  fire. 

§ 9.  All  premises  for  which  such  permits  are  issued 
must  be  lighted  by  gas  or  electricity,  and  all  lights  must  be 
protected  with  glass  or  wire  globes  or  screens. 

§ 10.  The  person  or  persons  to  whom  such  permit  or 
permits  are  issued  must  sign  an  agreement  that  they  will 
not  permit  smoking,  nor  use  for  illuminating  purposes  any- 
thing other  than  gas  or  electricity,  nor  expose  for  sale  any 
fireworks  outside  the  stores  of  such  buildings  or  in  any  door 
or  window. 


Code  of  Ordinances. 


87 


§11.  During  that  portion  of  the  year  from  July  10th 
to  June  10th  following,  all  fireworks,  except  fire  and  cannon 
crackers,  torpedoes  and  paper  caps,  shall  be  kept  in  such 
place  or  places  as  may  be  designated  by  the  Commissioner 
of  Public  Safety.  Fireworks,  not  including  the  articles  above 
excepted,  packed  and  ready  for  shipment  in  original  un- 
broken packages,  to  the  value  of  one  thousand  dollars 
($1,000.00),  may,  when  special  permit  is  granted,  be  stored 
in  such  places  in  the  building  as  designated  by  said  Com- 
missioner. 

§ 12.  The  storage  in  a portion  of  the  premises  approved 
by  the  Commissioner  of  Public  Safety  of  not  to  exceed  five 
hundred  (500)  boxes  each  size  and  kind  of  fire  and  cannon 
crackers  containing  sulphur,  saltpetre  and  charcoal,  (ex- 
cepting small  Chinese  firecrackers  of  which  3,000  boxes  shall 
be  permitted),  five  hundred  (500)  cases  each  size  and  kind 
of  toy  torpedoes,  and  two  hundred  (200)  cases  each  size  and 
kind  of  toy  paper  caps,  is  permitted. 

§ 13.  From  June  10th  to  July  10th  in  each  year,  in 
addition  to  the  foregoing,  five  hundred  dollars’  ($500.00) 
worth  of  fireworks,  not  including  the  articles  above  excepted, 
may  be  kept  in  such  portion  of  the  building  as  may  be  ap- 
proved by  the  Commissioner. 

§ 14.  An  annual  fee  of  twenty  dollars  ($20.00)  will  be 
charged  for  each  wholesale  permit. 

§ 15.  Every  licensed  manufacturer  and  wholesale  dealer 
in  fireworks,  in  signals,  in  paper  caps  or  in  torpedoes,  whose 
place  of  business  is  located  without  the  city,  shall  render  to 
the  Commissioner  of  Public  Safety  each  week,  a statement, 
verified  as  to  its  correctness  by  an  affidavit  covering  the 
sales  and  deliveries  of  fireworks,  signals,  paper  caps,  and 
torpedoes  for  the  preceding  week  within  the  city. 

Every  manufacturer  of  caps  and  torpedoes  within  the 
city  shall  render  to  the  Commissioner  of  Public  Safety  each 
week  a statement  verified  by  an  affidavit  as  to  its  correct- 
ness, covering  the  sales  and  delivery  of  paper  caps  and  tor  - 
pedoes for  the  preceding  week  within  the  city. 


88 


Code  of  Ordinances; 


Such  report  shall  be  in  detail  as  follows: 

(a)  Date  of  delivery. 

(b)  Name  of  buyer. 

(c)  Where  delivered. 

(d)  Quantity  and  kind  of  goods  delivered. 

§ 16.  The  sale  and  storage  of  the  following  goods  is 
prohibited. 

Firecrackers  containing  chlorate  of  potash;  fireworks 
containing  picrates ; tableau  fire  containing  chlorate  of  potash 
and  sulphur  combined;  tablets  of  compositions  containing 
chlorate  of  potash;  bombardments  made  of  chlorate  mix- 
tures; and  American  mandarins. 

§ 17.  All  fireworks  in  the  city  must  have  on  each 
package  the  name  or  brand  of  a licensee. 

§ 18.  No  fireworks  or  firecrackers,  torpedoes,  paper 
caps,  or  goods  of  an  explosive  or  combustible  nature  can  be 
sold  or  stored  without  the  official  label  or  stamp  required  by 
Section  17  of  this  Title.  This  does  not  apply  to  imported 
Chinese  firecrackers. 

§ 19.  Smoking  must  not  be  permitted  in  any  premises 
where  fireworks  are  sold. 

§ 20.  From  the  10th  of  June  to  the  10th  of  July,  in- 
clusive, in  every  year,  during  the  whole  of  business  hours,  a 
competent  person  must  be  kept  in  front  of  buildings  where 
permits  have  been  issued  to  store  fireworks  to  the  aggregate 
value  of  two  hundred  dollars  ($200.00)  or  more,  his  duty  to 
be  to  prevent  persons  entering  such  premises  with  lighted 
cigars,  cigarettes  or  pipes,  and  to  take  such  other  precautions 
against  fire  as  may  be  necessary. 

§ 21.  Applications  for  wholesale  permits  must  be  filed 
with  the  Commissioner  of  Public  Safety,  prior  to  April  10th 
of  each  year. 


Code  of  Ordinances. 


89 


TITLE  III. 

STORAGE  OF  FIREWORKS  IN  BONDED  AND  FREE 

WAREHOUSES. 

Section  1.  All  persons  doing  a general  storage  and 
warehouse  business  within  the  corporate  limits  of  the  city, 
before  they  can  accept  firecrackers  on  storage,  must  secure 
a permit  from  the  Commissioner  of  Public  Safety,  who,  after 
a survey,  will  issue  same  if,  in  his  opinion,  the  public  safety 
is  not  endangered.  The  fee  for  said  permit  shall  be  twenty 
dollars  ($20.00)  per  annum. 

§ 2.  The  storage  of  chlorate  of  potash  crackers  or  any 
firecrackers  made  from  any  composition  other  than  sulphur, 
saltpetre  and  charcoal  mixture,  is  prohibited. 


TITLE  IV. 

STORAGE  AND  SALE  OF  FIREWORKS  AT  RETAIL. 

Section  1.  Application  for  permits  for  sale  of  fireworks 
at  retail  must  be  made  in  writing  to  the  Commissioner  of 
Public  Safety  prior  to  the  20th  day  of  May  in  each  year. 
Applications  must  be  made  on  blanks  furnished  by  the 
Commissioner  of  Public  Safety,  and  must  give  the  following 
information : 

(a)  Name  of  person  or  persons  by  whom  the  permit  is 
desired. 

(b)  The  location  of  premises  at  which  goods  are  to  be 
kept  and  sold. 

(c)  Kind  of  building. 

(d)  Nature  of  business  in  which  applicant  is  engaged  in 
said  premises. 

(e)  Quantity  and  description  of  fireworks. 

§ 2.  No  retail  permits  will  be  granted  for  the  sale  or 


90 


Code  of  Ordinances. 


keeping  of  fireworks,  other  than  approved  firecrackers,  in 
any  building  or  premises: 

(a)  Where  cigars  or  cigarettes  are  kept  for  sale. 

(b)  Where  paints,  oils  or  varnishes  are  manufactured  or 
kept  for  use  or  sale. 

(c)  Where  dry  goods  of  any  kind,  or  other  light  material 
of  a combustible  nature,  excepting  flags,  paper  lanterns, 
paper  balloons  or  decorations  are  kept  for  sale. 

(d)  In  carpenter  shops  or  drug  stores,  in  buildings  where 
kerosene  or  other  product  of  petroleum  is  licensed  to  be  sold, 
or  any  building  in  which  gunpowder,  blasting  powder,  gun- 
cotton, nitro-glycerine,  petroleum,  or  any  of  its  products, 
coal  oil,  camphene,  burning  fluid,  or  other  products  or  com- 
pounds containing  any  of  the  said  substances  are  kept  or 
sold;  where  matches  or  cartridges  (unless  such  cartridges 
are  kept  in  a fireproof  safe  or  vault)  are  kept  or  sold. 

(e)  Any  building  or  place  where  tar,  pitch,  rosin,  tur- 
pentine, hay,  cotton  or  hemp  is  manufactured,  stored  or 
kept  for  sale. 

§ 3.  No  permit  will  be  issued  for  sale  of  fireworks  at 
retail  in  frame  or  wooden  buildings  in  those  parts  of  the  city 
where  the  erection  of  frame  or  wooden  buildings  is  prohib- 
ited by  law,  except  such  buildings  now  erected  within  the 
present  fire  limits  of  said  city.  But  permits  may  be  issued 
at  the  discretion  of  the  Commissioner  of  Public  Safety,  for 
isolated  frame  or  wooden  buildings  in  those  parts  of  the  city 
in  which  the  erection  of  same  is  permitted  by  law. 

§ 4.  All  parties  to  whom  permits  are  issued  shall  place 
and  keep  in  a convenient  part  of  the  premises  where  fire- 
works are  kept  for  sale,  at  least  six  pails  of  water,  to  be  used 
in  case  of  fire,  and  to  be  kept  filled  and  ready  for  use  at  all 
times. 

§ 5.  All  premises  for  which  said  permits  are  issued 
must  be  lighted  by  gas  or  electricity,  and  all  lights  must  be 
protected  with  glass  or  wire  globes  or  screens. 

§ 6.  The  person  or  persons  to  whom  a retail  permit  is 
issued  must  sign  an  agreement  to  use  only  safety  matches 


Code  of  Ordinances. 


91 


on  the  premises,  and  not  to  permit  smoking  nor  the  use  of 
any  agency  for  illuminating  purposes  except  gas  or  electricity 
upon  or  about  the  premises  where  such  sales  are  permitted, 
nor  to  expose  any  of  said  fireworks  for  sale  outside  the  walls 
of  said  building,  nor  in  any  door  or  window,  and  that  any 
violation  of  such  agreement  or  of  these  regulations  shall 
subject  the  holder  of  said  permit  to  the  forfeiture  of  the 
same,  at  the  option  of  the  Commissioner  of  Public  Safety. 

§ 7.  The  entire  amount  of  said  fireworks  that  may  be 
kept  on  hand  in  any  building  pursuant  to  any  retail  permit 
issued  shall  not  be  in  excess  of  the  aggregate  market  value 
of  five  hundred  ($500.00)  dollars. 

§ 8.  The  fee  for  a retail  permit  as  hereby  provided 
shall  be  five  dollars  ($5.00). 

§ 9.  The  sale,  disposal  and  possession  of  the  following 
kinds  of  fireworks  and  explosives  and  devices  for  exploding 
the  same,  is  prohibited,  viz: 

Firecrackers  and  cannon  crackers,  made  of  other  mix- 
ture than  black  powder,  composed  of  sulphur,  saltpetre  and 
charcoal  composition,  and  longer  than  three  (3)  inches,  or 
larger  in  diameter  than  one-half  (K)  inch,  fireworks  containing 
picric  acid  or  picrates,  colored  fire  containing  sulphur  and 
chlorate  of  potash  in  admixture,  bombardments  or  man- 
darins made  of  chlorate  of  potash  mixtures,  canes  with 
chlorate  mixtures  or  cartridge  exploders,  blank  cartridges 
and  all  devices  other  than  firearms  for  exploding  the  same, 
percussion  caps,  toy  pistols,  salutes  and  bombs  containing 
chlorate  of  potash  and  sulphur,  all  salutes  and  bombs  of  any 
description  larger  than  three  and  one-quarter  inches  in 
diameter,  torpedoes  larger  than  three-quarters  of  an  inch  in 
diameter,  and  fireworks  technically  known  as  flying  pigeons, 
whirlwinds,  flying  devils,  wheat  sheaves,  and  gatling  bat- 
teries. 

§ 10.  All  fireworks  sold  at  retail  in  the  city  must  have 
the  name  or  brand  of  a licensee  on  each  package. 

§ 11.  No  fireworks  can  be  carried  through  the  public 
streets  in  vehicles  without  being  securely  boxed. 


92 


Code  of  Ordinances. 


§ 12.  The  sale  of  blank  cartridge  toy  pistols  is  strictly 
prohibited. 

§ 13.  No  torpedoes  larger  than  three-quarters  of  an 
inch  in  diameter  will  be  permitted  to  be  sold  or  stored. 

§ 14.  Torpedoes  must  be  packed  with  sawdust  in  paper 
cartons  and  these  in  wooden  cases.  No  paper  packages  or 
strawboard  boxes  will  be  permitted  for  the  container  or  de- 
livery package. 


TITLE  V. 

USE  OF  FIREWORKS.  i 

Section  1.  Except  on  Independence  Day,  or  the  day 
celebrated  as  such,  and  during  the  twelve  hours  preceding 
and  the  six  hours  following,  the  use  or  discharge  of  fireworks 
or  firecrackers  in  the  city,  without  a license  or  permit  from 
the  Commissioner  of  Public  Safety,  is  prohibited.  No  license 
or  permit  shall  be  issued  for  the  discharge  of  fireworks  within 
the  city  (except  colored  fire  not  containing  chlorate  or  potash 
or  sulphur)  until  the  person,  firm  or  corporation  desiring  to 
secure  said  license  shall  have  made  a written  application  for 
same  and  deposited  with  the  Commissioner  of  Public  Safety 
a bond  in  the  penal  sum  of  five  thousand  dollars  ($5,000.00) 
approved  as  to  sufficiency  by  the  Commissioner  of  Public 
Safety  and  as  to  form  by  the  Corporation  Counsel,  and  con- 
ditioned for  the  payment  to  the  City  of  Yonkers,  or  to  any 
person  entitled  thereto,  of  any  loss,  damage  or  injury  re- 
sulting to  persons  or  property  by  reason  of  the  discharge 
or  use  of  said  fireworks,  and  for  the  strict  observance  of  these 
regulations. 

§ 2.  No  permit  shall  be  issued  for  the  firing  of  rockets 
at  any  point  in  the  city  within  one  hundred  (100)  yards  of  a 
building  not  controlled  by  the  person  holding  the  permit. 

§ 3.  No  contrivance,  frame  or  box  for  firing  Roman 
candles  and  no  mortar  shall  be  placed  under  any  elevated 
structure  or  under  any  overhead  wires,  or  in  any  place 


Code  of  Ordinances. 


93 


where  an  elevated  structure  or  any  overhead  wires  would  be 
in  line  of  fire. 

§ 4.  No  bombs,  salutes  or  rockets  shall  be  fired  in  the 
city,  except  by  employees  of  a duly  licensed  manufacturer  or 
pyrotechnist.  Said  employees  must  be  in  possession  of  Cer- 
tificates of  Fitness  from  the  Commissioner  of  Public  Safety, 
who  will  issue  the  same  upon  the  payment  of  a fee  of  two 
dollars  ($2.00),  after  an  examination  for  the  purpose  of  de- 
termining whether  said  employee  does  or  does  not  possess 
the  requisite  experience  and  qualifications  as  a practical 
pyrotechnist.  The  Commissioner  may  revoke  said  permit  at 
any  time,  when,  in  his  judgment,  it  is  in  the  interest  of  the 
public  welfare. 

§ 5.  Permits  shall  be  issued  in  duplicate,  one  of  which 
shall  be  filed,  by  the  licensee,  with  the  captain  of  the  police 
precinct  within  which  the  display  of  fireworks  is  to  be  given, 
and  shall  be  evidence  of  the  right  of  the  person  named  in 
the  permit  to  give  said  exhibition.  The  permit  issued  shall 
include  the  name  of  the  licensee,  the  names  of  employees  to 
have  charge  of  said  display,  together  with  the  consecutive 
number  of  their  Certificates  of  Fitness,  the  place  and  time  of 
the  display,  and,  generally  the  quantity  and  kind  of  fire- 
works to  be  discharged,  and  the  distance  to  be  preserved 
between  the  point  or  place  of  discharge  on  the  one  hand, 
and  the  bystanders  on  the  other,  and  the  danger  area  to  be 
preserved,  which  shall  be  sufficient.  By  danger  area  is 
meant  in  this  case  a safe  distance  from  buildings  and  from 
numbers*  of  human  beings  whose  bodily  safety  might  be  en- 
dangered by  the  combustion  or  accidental  discharge  of  the 
pyrotechnics.  The  licensee  must  stipulate  in  his  application 
the  names  of  the  persons  who  are  actually  to  discharge  the 
fireworks. 

§ 6.  The  use  of  what  are  technically  known  as  fireworks 
showers,  or  the  use  of  any  mixture  containing  chlorate  of 
potash  and  sulphur  in  theatres  or  public  halls  of  entertain- 
ment, is  prohibited. 

§ 7.  On  Independence  Day,  or  the  day  which  may  be 
celebrated  therefor,  fireworks,  explosives  and  devices  for 


94 


Code  of  Ordinances. 


exploding  the  same,  excepting  such  as  are  by  the  terms  of 
this  section  prohibited,  may  be  discharged  and  used  without 
a permit,  provided,  however,  that  for  all  displays  of  fire- 
works a permit  must  be  obtained  from  the  Commissioner  of 
Public  Safety,  which  will  not,  however,  authorize  the  dis- 
charge of  any  prohibited  explosives  or  the  use  of  any  pro- 
hibited devices. 

The  prohibited  fireworks,  explosives  and  devices  are  as 
follows : 

(a)  Firecrackers  and  cannon  crackers  made  of  other  mix- 
ture than  black  powder,  composed  of  sulphur,  saltpetre  and 
charcoal  composition,  and  longer  than  three  (3)  inches,  or 
larger  in  diameter  than  one -half  {%)  inch. 

(b)  Fireworks  containing  picric  acid  or  picrates. 

(c)  Colored  fire  containing  sulphur  and  chlorate  of 
potash. 

(d)  Bombardments  or  mandarins  made  of  chlorate  of 
potash  mixtures. 

(e)  Blank  cartridges  and  all  toy  pistols  and  other  de- 
vices for  exploding  the  same. 

(f)  Percussion  caps  and  all  toy  pistols  and  other  de- 
vices for  exploding  the  same. 

(g)  Guns,  pistols,  revolvers  and  cannon  of  every  kind 
and  size. 

(h)  Salutes  containing  chlorate  of  potash  and  sulphur. 

(i)  All  bombs  or  report  shells  containing  chlorate  of 
potash  and  sulphur  in  admixture. 

(j)  All  bombs  of  any  description  larger  than  three  and 
one-quarter  inches  in  diameter,  except  in  an  enclosure  pre- 
pared for  a public  display  of  fireworks,  and  then  only  under 
such  conditions  as  the  Commissioner  may  prescribe. 

(k)  Torpedoes  larger  than  three-quarters  of  an  inch  in 
diameter. 

(l)  Fireworks  technically  known  as  flying  pigeons, 
whirlwinds,  flying  devils,  wheat  sheaves,  gatling  battery,  and 
the  like.  * 

(m)  Canes  with  chlorate  mixtures. 


Code  of  Ordinances. 


95 


§ 8.  The  use  of  blank  cartridge  toy  pistols  is  strictly 
prohibited. 

§ 9.  The  discharge  of  cannon  in  the  city,  excepting  by 
military  organizations  under  proper  authority  is  prohibited 
at  all  times. 

§ 10.  No  metal  mortars  shall  be  used  under  any  cir- 
cumstances, except  in  an  enclosure  prepared  for  a public 
display  of  fireworks,  and  then  under  such  regulations  as  the 
Commissioner  may  prescribe. 

§ 11.  No  stock  of  fireworks  fit  and  prepared  for  a dis- 
play in  the  city  shall  be  transported  or  used  unless  the  quan- 
tity in  each  case  has  been  made  known  to  the  Commissioner 
of  Public  Safety  and  a permit  obtained  therefor. 

§ 12.  Nothing  in  the  foregoing  regulations  shall  in  any 
way  interfere  with  the  importation  or  storing  in  free  or 
bonded  warehouses,  or  shipping  at  any  time,  of  Chinese  or 
German  firecrackers;  or  cannon  crackers,  provided  that  they 
are  made  of  a composition  containing  only  saltpetre,  sulphur 
and  charcoal. 


ARTICLE  XVII. 

PRESCRIBING  AND- FIXING  THE  GENERAL  STAND- 
ARD REQUIREMENTS  FOR  STREET  PAVING 
MATERIALS  TO  BE  USED. 

Section  1.  The  standard  requirements  for  materials  to 
be  used  in  paving,  repaving,  repairing,  surfacing  or  resur- 
facing the  streets  and  public  places  of  the  City  of  Yonkers, 
are  hereby  prescribed  and  fixed  as  follows: 

MACADAM  STONE. 

§ 2.  All  stone  to  be  used  in  the  top  four  inches  of  a 
macadam  pavement  shall  be  trap  rock  equal  to  the  kind 
commercially  known  as  “ Palisade  trap.”  The  foundation 


96 


Code  of  Ordinances. 


course  below  the  top  four  inches,  whether  it  be  broken  stone 
or  telford,  as  called  for  by  the  plans  and  specifications,  may 
be  sound  and  hard  granite  gneiss  or  trap  rock. 

STONE  BLOCKS. 

§ 3.  When  granite  blocks  are  used  they  shall  be  of 
granite  equal  to  the  best  Maine  granite  paving  blocks,  sized 
as  follows:  length,  not  more  than  twelve  (12),  nor  less  than 
eight  (8)  inches;  width,  not  more  than  five  (5),  nor  less  than 
three  and  one-half  (3>£)  inches;  depth,  not  more  than  eight 
(8)  nor  less  than  seven  (7)  inches. 

When  the  block  paving  called  for  is  for  gutters  and 
crosswalks  only,  the  blocks  may  be  of  either  trap  or  granite 
and  may  either  be  the  sizes  above  specified,  or  they  may  be 
from  six  to  eight  inches  square  on  top,  and  of  the  same  depth 

VITRIFIED  BRICK. 

§ 4.  Vitrified  bricks  or  blocks  must  be  specially  burned 
for  street  paving,  and  of  the  best  quality  for  the  purpose; 
they  must  be  hard  and  tough,  straight  and  square  in  outline, 
as  non-absorbent  as  possible;  free  from  cracks,  blisters  or 
other  defects.  Only  standard  brick  or  block  sizes,  as  may 
be  called  for  by  the  plans  and  specifications,  may  be  used. 

The  following  will  be  considered  of  standard  quality: 
Selected  Metropolitan  block  of  first  quality,  selected  James- 
town block  of  first  quality,  selected  Mack  brick  or  block  of 
first  quality. 

They  shall  absorb  not  more  than  two  per  cent,  of  their 
own  weight  of  water,  after  being  broken  and  dried  in  an 
oven,  and  then  immersed  in  water  for  48  hours. 

They  shall  not  lose  more  than  eighteen  (18)  per  cent,  of 
their  weight  in  an  abrasion  test  conducted  in  accordance 
with  the  rattler  test  for  paving  brick  adopted  by  the  Ameri- 
can Society  of  Municipal  Improvements. 

They  shall  give  a modulus  of  rupture  of  not  less  than 


Code  of  Ordinances. 


97 


2,000  when  tested  while  being  supported  on  knife  edges  six 
(6)  inches  apart,  as  determined  by  the  following  formula: 

3 W L/2AD 

in  which  W equals  center  breaking  weight  in  pounds,  L 
equals  distance  between  supports  in  inches,  A equals  area 
in  square  inches,  D equals  depth  in  inches. 

ASPHALT  BLOCK  PAVEMENT. 

§ 5.  The  size  of  the  blocks  used  shall  be  five  (5)  inches 
wide,  three  (3)  inches  deep  and  twelve  (12)  inches  long. 
Variations  either  way  of  1-8  of  an  inch  in  depth  and  width 
and  1-4  inch  in  length  from  these  dimensions  will  be  allowed. 

The  blocks  shall  be  composed  of  asphaltic  cement, 
crushed  trap  rock  and  inorganic  stone  dust.  The  asphaltic 
cement  shall  be  similar  to  that  elsewhere  described  in  these 
specifications. 

Whatever  the  character  of  the  asphalt  used  the  block 
shall  yield  when  extracted  with  bisulphide  of  carbon  and 
after  the  evaporation  of  the  solvent,  not  less  than  five  and 
three-quarters  5 $4  nor  more  than  eight  (8)  per  cent,  of 
bituminous  matter. 

The  crushed  trap  rock  shall  all  pass  through  a screen 
having  circular  holes  % of  an  inch  in  diameter.  The  shape 
of  the  stones  shall  be  as  nearly  cubical  as  possible  and  shall 
be  graded  from  the  maximum  size  to  dust  so  as  to  give  a 
mineral  aggregate  with  a minimum  percentage  of  voids. 

The  inorganic  stone  dust  shall  be  pulverized  stone  free 
from  loam,  clay  or  earthy  material.  No  weathered  rock  or 
dust  from  weathered  rock  shall  be  used. 

Sufficient  inorganic  stone  dust  shall  be  used  in  the  com- 
position of  the  block  to  give  the  density  required.  All  of 
the  trap  rock  used  shall  be  the  product  of  a roller  crusher. 

The  blocks  when  laid  shall  have  a specific  gravity  of  not 
less  than  2.45,  and  after  having  been  dried  for  twenty-four 
(24)  hours  at  a temperature  of  150  degrees  Fahrenheit,  they 
shall  not  absorb  more  than  one  per  cent,  of  moisture  when 
immersed  in  water  for  seven  (7)  days. 


98 


Code  of  Ordinances. 


The  asphaltic  cement  shall  be  composed  of  refined 
asphalt  and  a liquid  asphalt  or  other  suitable  flux.  The 
refined  asphalt  and  flux  shall  be  mixed  in  such  proportion 
as  will  produce  an  asphaltic  cement  of  a consistency  and 
quality  as  approved  by  the  engineer. 

The  refined  asphalt  shall  be  obtained  by  refining  crude 
natural  asphalt  until  the  product  is  homogeneous  and  free 
from  water.  Asphalt  obtained  from  the  distillation  of  as- 
phaltic oils  will  not  be  accepted.  It  must  not  be  affected  by 
the  action  of  the  water;  must  contain  not  less  than  ninety 
(90)  per  cent,  of  bitumen  soluble  in  carbon  bisulphide,  and 
of  the  bitumen  thus  soluble  in  carbon  bisulphide  not  less 
than  sixty-eight  (68)  per  cent,  shall  be  soluble  in  boiling 
Pennsylvania  petroleum  naphtha  (boiling  point  from  40  to 
60  centigrade);  or  if  it  does  not  contain  sixty-eight  (68)  per 
cent,  thus  soluble  in  naphtha,  but  is  satisfactory  in  other 
respects,  the  deficiency  may  be  supplied  by  fluxing  the  re- 
fined asphalt,  with  such  a percentage  of  viscous  liquid  asphalt, 
satisfactory  to  the  engineer,  as  will  bring  it  up  to  the  re- 
quired standard.  The  refined  asphalt,  the  asphaltic  cement 
and  the  flux  must  each  comply  in  all  respects  with  the  fol- 
lowing tests: 

Heavy  petroleum  oil,  if  used  in  the  manufacture  of  the 
asphaltic  cement  as  hereinafter  described,  shall  be  a petrol- 
eum from  which  the  lighter  oils  have  been  removed  by  dis- 
tillation without  cracking,  until  it  has  a specific  gravity  of 
15  degrees  to  22  degrees  Beaume  and  the  following  properties: 

(a)  Flash  test  not  less  than  300  degrees  Fahrenheit. 
(The  flash  test  shall  be  taken  in  a New  York  State  closed  oil 
tester.) 

(b)  Fire  test  not  less  than  350  degrees  Fahrenheit. 

(c)  No  appreciable  amount  of  light  oils  or  matter  vola- 
tile under  250  degrees  Fahrenheit. 

(d)  Matter  volatile  at  350  degrees  Fahrenheit  in  24 
hours,  less  than  8 per  cent.  (The  test  for  “ matter  volatile 
at  350  degrees  Fahrenheit  ” shall  be  made  with  approximately 
50  grams  of  oil,  in  an  open,  flat -bottom,  cylindrical  dish,  2 y2 
inches  in  diameter,  and  If  inches  high.  The  thermometer 
shall  be  applied  so  as  to  register  the  temperature  of  the  oil.) 


Code  of  Ordinances. 


99 


(e)  It  shall  be  free  from  coke  and  any  manner  or  form 
of  adulteration. 

SHEET  ASPHALT  PAVEMENT. 

§ 6.  The  pavement  proper  shall  consist  of  a binder 
course  one  (1)  inch  in  thickness  and  a wearing  surface  two 
(2)  inches  thick  and  equal  to  the  mixture  hereinafter  de- 
scribed. Before  laying  binder,  the  surface  of  the  foundation 
shall  be  thoroughly  swept  and  cleaned  and  all  dirt  and  fine 
particles  removed  from  the  concrete. 

The  binder  shall  be  composed  of  clean  broken  trap  or 
limestone,  passing  a one  and  a quarter  (IX)  inch  screen, 
not  more  than  ten  (10)  per  cent,  of  which  shall  pass  a No. 
10  screen. 

The  stone  shall  be  heated  in  suitable  appliances,  not 
higher  than  325  degrees  Fahrenheit,  and  then  thoroughly 
mixed  by  machinery  with  asphaltic  cement  equivalent  in 
composition  to  that  hereinafter  set  forth,  at  300  degrees  to 
325  degrees  Fahrenheit,  in  such  proportion  as  shall  be  neces- 
sary to  bind  the  mass  solidly  when  rolled. 

The  binder  must  be  hauled  to  the  work  and  spread  while 
hot  upon  the  foundation  to  such  thickness  that,  after  being 
immediately  compacted  by  ramming  and  rolling  until  it  is 
cold,  its  depth  shall  be  at  no  place  less  than  one  (1)  inch  and 
its  upper  surface  shall  be  parallel  to  the  surface  of  the  pave- 
ment to  be  laid.  Upon  this  binder  course  must  be  laid  the 
wearing  surface  or  pavement  proper. 

The  pavement  mixture  for  the  wearing  surface  shall  be 
composed  of: 

(a)  Asphaltic  cement  (refined  asphalt,  fluxed  when 
necessary  with  heavy  petroleum  oil  or  liquid  asphalt). 

(b)  Clean,  sharp  sand. 

(c)  Finely  powdered  inorganic  dust. 

The  term  asphalt  shall  be  construed  to  signify  any 
natural  mineral  bitumen,  liquid  or  solid,  which  is  adhesive, 
viscous,  ductile  and  elastic,  or  which  becomes  adhesive, 
viscous,  ductile  and  elastic  on  the  application  of  heat.  Said 


100 


Code  of  Ordinances. 


natural  bitumen  may  be  either  in  a state  of  purity  or  in  ad- 
mixture with  native,  non-bituminous  matter.  The  word 
“ bitumen  ” shall  signify  and  shall  be  taken  to  mean  “ any 
hydrocarbon  or  hydrocarbons  soluble  in  carbon  bisulphide.’ ’ 

The  asphalt  shall  be  specially  refined  for  paving  pur- 
poses. It  shall  be  obtained  by  heating  crude  natural  asphalt 
or  crude  California  petroleum  (or  any  other  asphalt  equally 
as  good,  approved  by  the  Commissioner  of  Public  Works), 
without  the  admixture  of  any  other  material,  to  a tempera- 
ture not  exceeding  400  degrees  Fahrenheit,  until  all  the  water 
and  light  oils  have  been  driven  off.  Such  crude  and  refined 
asphalt  shall  be  in  all  respects  satisfactory  to  the  Commis- 
sioner. 

Not  less  than  sixty-eight  (68)  per  cent,  of  the  refined 
asphalt  shall  be  soluble  in  boiling  Pennsylvania  petroleum 
naphtha  (boiling  points,  40  degrees  to  60  degrees  centigrade). 
The  refined  asphalt  shall  not  be  softer  than  “ 50  ” penetra- 
tion at  7 7 degrees  Fahrenheit,  nor  shall  it  require  more  than 
thirty  (30)  per  cent,  of  flux  (agreeing  in  all  respects  with  the 
specifications  for  same  described  below)  to  produce  an 
asphaltic  cement  of  “ 50  ” penetration  at  77  degrees  Fahren- 
heit. Not  more  than  three  (3 ) per  cent,  of  the  refined  asphalt 
shall  be  insoluble  in  carbon  tetrachloride  at  air  temperature. 
All  penetration  tests  shall  be  made  in  accordance  with 
standard  methods. 

The  refined  asphalt,  when  mixed  with  sufficient  quantity 
of  the  proposed  flux  (agreeing  in  all  respects  with  the  speci- 
fications for  same  described  below)  to  produce  an  asphaltic 
cement  of  “ 50  ” penetration  at  77  degrees  Fahrenheit,  shall 
have  a “ ductility  ” of  at  least  7 centimeters  at  77  degrees 
Fahrenheit.  The  tests  for  “ ductility  ” shall  be  made  in  ac- 
cordance with  the  specifications  for  same  given  in  detail  in 
the  report  of  the  “ Operations  of  the  Engineer  Department 
of  the  District  of  Columbia  for  the  year  1904,”  pages  41,  42 
and  43. 

Heavy  petroleum  oil,  if  used  in  the  manufacture  of  the 
asphaltic  cement  as  hereinafter  described,  shall  be  a petrol- 
eum from  which  the  lighter  oils  have  been  removed  by  dis- 


Code  of  Ordinances. 


101 


tillation  without  cracking,  until  it  has  a specific  gravity  of 
15  degrees  to  22  degrees  Beaume  and  the  following  properties: 

(a)  Flash  test  not  less  than  300  degrees  Fahrenheit. 
(The  flash  test  shall  be  taken  in  a New  York  State  closed  oil 
tester.) 

(b)  Fire  test  not  less  than  350  degrees  Fahrenheit. 

(c)  No  appreciable  amount  of  light  oils  or  matter  vola- 
tile under  250  degrees  Fahrenheit. 

(d)  Matter  volatile  at  350  degrees  Fahrenheit  in  24 
hours,  less  than  8 per  cent.  (The  test  for  “ matter  volatile 
at  350  degrees  Fahrenheit  ” shall  be  made  with  approxi- 
mately 50  grams  of  oil,  in  an  open,  flat-bottom,  cylindrical 
dish,  2 % inches  in  diameter,  and  1|  inches  high.  The  ther- 
mometer vShall  be  applied  so  as  to  register  the  temperature 
of  the  oil.) 

(e)  It  shall  be  free  from  coke  and  any  manner  or  form 
of  adulteration. 

Liquid  asphalt,  maltha,  or  any  other  softening  agent 
fulfilling  the  above  tests  and  approved  by  the  Commissioner, 
may  be  used  in  place  of  heavy  petroleum  oil. 

When  refined  asphalt  is  not  already  of  the  proper  con- 
sistency, an  asphaltic  cement  shall  be  prepared  by  fluxing 
refined  asphalt  with  heavy  petroleum  oil  or  other  approved 
softening  agent,  complying  with  the  above  specifications,  at 
a temperature  between  250  degrees  and  350  degrees  Fahren- 
heit, and  in  such  proportion  as  to  produce  an  asphaltic 
cement  of  a consistency  to  be  determined  by  the  Commis- 
sioner. The  asphaltic  cement  shall  fulfill  the  requirements 
of  paragraphs  a,  b,  c,  d and  e above. 

As  soon  as  the  fluxing  agent  is  added  the  entire  mass 
shall  be  agitated  by  an  air  blast  or  other  suitable  appliance 
and  the  agitation  continued  until  a homogeneous  cement 
is  produced.  The  asphaltic  cement  must  never  be  heated 
to  a temperature  exceeding  350  degrees  Fahrenheit.  If 
asphaltic  cement  containing  over  10  per  cent,  of  foreign 
material  is  kept  in  storage,  it  must  be  thoroughly  agitated 
when  used,  as  must  also  all  dipping  kettles  while  in  use. 

The  sand  to  be  used  shall  be  hard  grained,  moderately 
sharp  and  clean,  not  containing  more  than  1 per  cent,  of 


102 


Code  of  Ordinances. 


clay  or  loam.  On  sifting,  the  whole  shall  pass  a ten  mesh 
screen,  20  per  cent,  shall  pass  an  80  mesh  screen,  and  at  least 
7 per  cent,  shall  pass  a 100  mesh  screen. 

The  inorganic  dust  shall  be  finely  powdered  carbonate 
of  lime,  granite,  quartz  or  other  inorganic  dust  approved  by 
the  Commissioner.  Such  inorganic  dust  must  be  of  such  a 
degree  of  fineness  that  the  whole  of  it  shall  pass  a 30  mesh 
screen,  and  at  least  66  per  cent,  a 200  mesh  screen. 

The  materials  complying  with  the  above  specifications 
shall  be  mixed  in  proportions  by  weight,  depending  upon 
their  character,  but  the  percentage  of  matter  soluble  in  car- 
bon bisulphide  in  any  pavement  mixture  shall  be  not  less 
than  9%  or  more  than  12  per  cent.  If  the  proportions  of 
the  mixture  are  varied  in  any  manner  from  those  specified, 
the  mixture  will  be  condemned,  its  use  will  not  be  permitted, 
and  if  already  placed  on  the  street  it  will  be  removed  and  re- 
placed by  proper  materials  at  the  expense  of  the  contractor. 

The  sand  and  the  asphaltic  cement  will  be  heated  sep- 
arately to  approximately  325  degrees  Fahrenheit.  The  stone 
dust  shall  be  mixed,  while  cold,  with  the  hot  sand.  The 
asphaltic  cement  will  then  be  mixed  with  the  sand  and  stone 
dust,  at  the  required  temperature  and  in  the  proper  propor- 
tion in  a suitable  apparatus,  so  as  to  effect  a thoroughly 
homogeneous  mixture.  The  sand,  dust  and  asphaltic  cement 
composing  the  charge  for  any  mixing  shall  be  weighed  sep- 
arately, and  samples  of  any  of  the  materials  shall  be  supplied 
at  any  time  to  the  Commissioner  or  his  representative,  who 
shall  have  access  to  all  branches  of  the  work  at  all  times. 

The  above  described  materials  shall  be  mixed  in  the 
determined  proportions  in  a standard  asphalt  mixer,  and 
carried  to  the  street  at  a temperature  ranging  from  250  de- 
grees to  325  degrees  Fahrenheit,  and  spread  upon  the  binder 
to  such  a depth  as  will  insure  a thickness  of  two  (2)  inches 
after  ultimate  compression.  This  compression  will  be  at- 
tained by  first  smoothing  the  surface  with  a hand  roller,  or 
a light  steam  roller,  after  which  hydraulic  cement  shall  be 
swept  over  it,  when  the  rolling  will  be  continued  with  a ten- 
ton  roller  until  no  impression  is  made  upon  the  surface.  A 
space  of  twelve  (12)  inches  next  the  curb  shall  be  coated 


Code  of  Ordinances. 


103 


with  asphaltic  cement  and  the  same  ironed  into  the  pave- 
ment with  hot  smoothing  irons. 

The  materials  complying  with  the  above  specifications 
shall  be  mixed  in  such  proportions  and  within  such  limits,  by 
weight,  depending  upon  their  character,  but  whatever  may 
be  the  character  of  the  asphalt  or  of  the  asphaltic  cement 
used,  the  pavement  obtained  must  and  shall  conform  to  the 
following  general  requirements:  The  pavement  when  laid 
shall  not  be  so  soft  as  to  be  unfit  for  travel  on  the  hottest 
days  of  summer,  nor  so  hard  as  to  disintegrate  from  the 
effect  of  frost.  It  shall  contain  no  water  or  appreciable 
amount  of  light  oils,  nor  matter  volatile  at  a temperature  of 
250  degrees  Fahrenheit.  When  laid  the  wearing  surface 
mixture  shall  yield  not  less  than  nine  and  a half  (9X)  nor 
more  than  twelve  (12)  per  cent,  of  bitumen  soluble  in  carbon 
bisulphide,  of  which  bitumen  not  less  than  sixty-eight  (68) 
per  cent,  shall  be  soluble  in  boiling  Pennsylvania  petroleum 
naphtha,  boiling  points  40  degrees  to  60  degrees  centigrade. 
All  of  the  mineral  matter  shall  pass  a ten  mesh  per  linear 
inch  sieve,  and  not  less  than  16  per  cent,  shall  pass  a one 
hundred  mesh  per  linear  inch  sieve,  while  the  remainder 
shall  be  graduated  between  these  limits. 

BITULITHIC  PAVEMENT. 

§ 7.  On  top  of  the  sub-grade,  crushed  stone  or  slag 
shall  be  spread  to  a depth  of  six  (6)  inches,  which  shall 
then  be  compressed  with  a heavy  steam  road  roller.  If  any 
considerable  proportion  of  the  foundation  material  is  larger 
than  three  (3)  inches,  it  shall  be  separated,  and  the  founda- 
tion laid  in  strata,  the  coarsest  pieces  being  placed  at  the 
bottom  and  the  finer  at  the  top.  Where  suitable  gravel 
(consisting  of  not  more  than  twenty-five  (25)  per  cent,  finer 
than  one-quarter  {%)  inch)  can  be  obtained,  it  may  be  used  by 
spreading  the  same  to  depth  of  five  (5)  inches,  and  after 
thoroughly  rolling  with  steam  roller  (wetting  the  gravel  to 
aid  compression  when  necessary)  a layer  of  crushed  stone 
two  (2)  inches  in  thickness  shall  be  placed  on  the  surface 
and  thoroughly  rolled  to  the  desired  grade.  On  this  founda- 


104 


Code  of  Ordinances. 


tion,  after  rolling,  shall  be  spread  a heavy  coating  of  Warren’s 
No.  24  Puritan  Brand  Hard  Bituminous  Cement,  or  Bitu- 
lithic  Cement,  for  the  purpose  of  firmly  binding  the  founda- 
tion together  and  making  it  readily  unite  with  the  bituminous 
concrete  wearing  surface.  One  gallon  of  the  Bituminous 
Cement  shall  be  used  for  each  square  yard  of  surface 

After  heating  the  stone  in  a rotary  mechanical  dryer 
to  a temperature  of  about  250  Fahrenheit,  it  shall  be  elevated, 
and  passed  through  a rotary  screen  having  six  or  more  sec- 
tions with  varying  sized  openings.  The  several  sizes  of  stone 
thus  separated  by  the  screen  section  shall  pass  into  a bin 
containing  six  sections  or  compartments.  From  this  bin  the 
stone  shall  be  drawn  into  a weigh  box,  resting  on  a scale 
having  seven  beams.  The  stone  from  each  bin  shall  be  accu- 
rately weighed,  in  the  proportions  which  have  been  previously 
determined  by  laboratory  tests  to  give  the  best  results ; that 
is,  the  most  dense  mixture  of  mineral  aggregate,  and  one 
having  inherent  stability.  From  the  weigh  box  each  batch 
of  mineral  aggregate,  composed  of  differing  sizes  accurately 
weighed  as  above  shall  pass  into  a “ twin  plug  ” or  other  ap- 
proved form  of  mixer.  In  this  mixer  shall  be  added  a suffi- 
cient quantity  of  Warren’s  Puritan  Brand  No.  19  Bituminous 
Water-Proof  Cement,  or  Bitulithic  Cement,  to  thoroughly 
coat  all  the  particles  of  stone  and  to  fill  all  voids  in  the  mix- 
ture. The  Bituminous  Cement  shall,  before  mixing  with  the 
stone,  be  heated  to  between  200  and  250  Fahr.,  the  amount 
used  in  each  batch  shall  be  accurately  weighed,  and  used  in 
such  proportions  as  have  been  previously  determined  by  lab- 
oratory tests  to  give  the  best  results  and  to  fill  the  voids  in 
the  mineral  aggregate.  The  mixing  shall  be  continued  until 
the  combination  is  a uniform  bituminous  concrete.  In  this 
condition  it  shall  be  hauled  to  the  street,  and  there  spread 
on  the  prepared  foundation  to  such  a depth  that,  after  thor- 
ough compression  with  a steam  road  roller  it  shall  have  a 
thickness  of  two  (2)  inches.  The  proportioning  of  the  various 
sizes  of  stone  and  bituminous  cement  shall  be  such  that  the 
compressed  mixture  shall  as  closely  as  practicable,  have  the 
density  of  solid  stone. 

After  rolling  the  wearing  surface  there  shall  be  spread 
over  it,  while  it  is  still  warm,  a thin  coating  of  Warren’s 


Code  of  Ordinances. 


105 


Quick  Drying  Bituminous  Flush  Coat  composition,  by  means 
of  a suitable  flush  coat  spreading  machine,  so  designed  as  to 
spread  quickly  over  the  surface  a uniform  thickness  of  flush 
coat  composition.  This  spreading  machine  shall  be  provided 
with  a flexible  spreading  pan  and  an  adjustable  device  for 
regulating,  to  any  desired  amount,  the  quantity  and  uni- 
formity of  flush  coat  composition  to  be  spread.  On  grades 
of  over  eight  (8)  per  cent,  a mineral  flush  coat  may  be  used 
in  place  of  the  liquid  flush  coat. 

While  the  flush  coat  composition  is  still  warm,  there  shall 
be  spread  over  it,  at  least  two  coats,  fine  particles  of  hot 
crushed  stone  in  sufficient  quantity  to  completely  cover  the 
surface  of  the  pavement.  These  stone  chips  shall  be  spread 
by  means  of  a suitable  stone  spreading  machine,  so  designed 
as  to  provide  a storage  receptacle  of  at  least  five  (5)  cubic 
feet  capacity  and  to  rapidly  and  uniformly  cover  the  surface 
of  the  pavement  with  the  desired  quantity  of  stone.  This 
spreading  machine  shall  be  provided  with  an  adjustable  at- 
tachment for  regulating  uniformly  the  quantity  of  the  stone 
spread  at  each  operation.  The'  hot  stone  chips  shall  be  im- 
mediately and  thoroughly  rolled  into  the  surface  until  it  has 
become  cool.  The  purposes  of  the  flush  coat  composition 
and  the  fine  particles  of  hot  crushed  stone  are  to  not  only 
fill  any  unevenness  in  the  surface,  but  also  to  make  the  sur- 
face water-proof  and  gritty,  thus  providing  a good  foothold 
for  horses. 

Each  layer  of  the  work  shall  be  kept  as  free  as  possible 
from  earth  and  dirt,  so  that  it  will  unite  with  the  succeeding 
layer. 

The  bituminous  composition  or  cement  shall  in  each 
case  be  free  from  water,  petroleum  oil,  water-gas,  or  inferior 
process  tars,  and  shall  be  especially  refined  to  remove  the 
light  volatile  oils  and  other  impurities  susceptible  to  at- 
mospheric influences. 

If  the  crushed  stone  used  does  not  provide  the  best  pro- 
portions of  fine  grained  particles,  such  deficiency  must  be 
supplied  by  the  use  of  not  to  exceed  fifteen  (15)  per  cent, 
hydraulic  cement,  pulverized  stone,  or  very  fine  sand. 


106 


Code  of  Ordinances. 


HASSAM  COMPRESSED  CONCRETE. 

§ 8.  The  sub-grade  shall  be  thoroughly  rolled  until 
solid  and  compact  with  an  even  and  true  surface  six  (6) 
inches  below  the  finished  grade  of  the  street. 


PAVEMENT. 

Upon  the  sub-grade  shall  be  spread  broken  trap  rock 
stone,  varying  in  size  from  2 K inches  to  1 inch.  This  stone 
shall  be  rolled  with  a steam  roller  until  firmly  compressed 
and  the  voids  reduced  to  a minimum,  more  stone  being 
added  wherever  necessary,  until  the  surface  after  rolling  is 
true  and  even  at  the  finished  grade  of  the  street. 

■ Expansion  joints  about  one  (1)  inch  in  width  shall  be 
provided  next  to  the  curbstone  on  each  side  of  the  street, 
also  across  the  street  at  least  every  50  feet.  These  expansion 
joints  shall  be  made  of  paving  pitch  and  shall  be  put  in  place 
before  any  grouting  of  the  Stone,  in  a manner  satisfactory 
to  the  Commissioner  of  Public  Works. 

The  grout  shall  consist  of  the  best  Portland  cement  and 
clean,  sharp  sand,  mixed  in  proportions  as  determined,  vary- 
ing from  one  part  cement  and  one  part  sand  to  one  part 
cement  and  one  and  one-half  parts  sand,  mixed  with  enough 
water  to  bring  it  to  a consistency  of  cream. 

This  grout  shall  be  mixed  in  a machine  especially  pre- 
pared for  the  work,  allowing  no  chance  for  separation  of  the 
sand  and  cement. 

The  grout  shall  be  flowed  on  the  stone  until  all  voids 
are  filled  and  the  grout  flushes  to  the  surface. 

Immediately  after  this  grouting  the  street  shall  be  again 
rolled  with  a steam  roller  and  more  grout  shall  be  added 
wherever  necessary. 

After  rolling  and  before  the  initial  set  has  taken  place 
the  surface  shall  be  broomed  to  remove  all  surplus  cement. 
The  street  shall  then  be  closed  to  travel  for  a period  of  at 
least  six  (6)  days. 


Code  of  Ordinances. 


107 


All  broken  stone  shall  be  of  uniform  quality,  of  trap 
rock,  equal  to  Palisade  trap  rock. 

All  sand  shall  be  sharp,  clean,  and  free  from  all  loam 
or  organic  matter,  equal  to  Cow  Bay  sand. 

All  cement  shall  be  of  best  quality  American  Portland 
cement,  and  subject  to  the  usual  tests  by  the  City  Engineer. 

SMALL  GRANITE  BLOCK  WEARING  SURFACE. 

§ 9.  The  road  • bed  • shall  be  • excavated  • to  a sub-grade 
and  thoroughly  rolled  with  a steam  roller  until  the  surface 
of  the  sub-grade  is  solid  and  approximately  parallel  with  and 
ten  (10)  inches  below  the  proposed  finished  grade  of  the 
pavement. 

Upon  the  concrete  foundation  which  shall  be  at  least 
five  (5)  inches  below  the  finished  grade  of  the  street  shall 
be  spread  a layer  of  sharp,  clean  sand  of  about  inches  in 
depth. 

The  paving  blocks  shall  be  cut  from  first  quality  light 
colored,  fine  grained  New  Hampshire  granite,  or  other 
granite  equal  thereto,  of  the  following  dimensions:  Four  to 
four  and  one-half  inches  in  depth,  three  and  one-half  to  four 
and  one -half  inches  in  width,  and  six  to  twelve  inches  in 
length. 

The  blocks  to  be  so  dressed  that  they  may  be  laid  with 
close  joints  not  exceeding  one-half  of  an  inch  at  the  top, 
the  head  shall  show  not  more  than  three-eighths  inch  varia- 
tion from  a true  plane,  with  square  comers  and  sharp  edges. 
The  top,  bottom  and  sides  shall  form  right  angles  at  their 
intersections,  the  sides  and  ends  shall  have  no  depressions 
or  projections  exceeding  one-half  inch. 

The  blocks  shall  be  laid  in  the  sand  cushion,  on  edge, 
end  to  end,  across  the  roadway  at  right  angles  to  the  curb, 
they  must  be  closely  and  evenly  laid,  true  to  line  and  grade, 
with  joints  broken  with  a lap  of  at  least  two  inches,  only 
practical  and  competent  pavers  being  employed  for  this 
work. 

The  blocks  shall  then  be  stiffened  by  sprinkling  pea 


108 


Code  of  Ordinances. 


stone  or  coarse  screened  sand  over  the  surface  and  sweeping 
into  the  joints  with  a broom. 

The  surface  shall  be  made  even  and  true  by  ramming 
with  rammers  weighing  not  less  than  sixty  pounds;  ram- 
ming must  be  continued  until  the  blocks  are  firmly  im- 
bedded in  the  sand  cushion,  and  the  surface  made  smooth 
and  uniform,  true  to  line  and  grade. 

The  filler  shall  be  composed  of  one  part  of  clean,  sharp 
sand  and  one  part  of  Portland  cement  with  enough  water 
added  to  make  a grout  of  the  consistency  of  thin  cream  and 
mixed  in  a grout  mixer  to  insure  the  accurate  blending  of  the 
ingredients,  and  delivered  on  the  work  from  a short  pipe, 
or  other  manner  satisfactory  to  the  Commissioner  of  Public 
Works. 

The  blocks  shall  be  wet  by  sprinkling  with  hose  or  can 
and  kept  moist  until  the  grout  is  supplied. 

The  grout  shall  be  poured  on  the  surface  and  broomed 
into  the  joints;  during  this  operation  pea  size  broken  stone 
free  from  dust,  or  coarse  screened  sand,  shall  be  lightly 
scattered  into  the  grout  and  thoroughly  mixed  before  sweep- 
ing into  the  joints. 

After  this  grout  has  subsided  into  the  joints  and  before 
the  initial  set,  the  surface  shall  again  be  treated  with  a grout 
of  the  consistency  of  thick  cream  which  shall  be  broomed 
smoothly  over  the  surface,  until  the  joints  are  full  and  flush 
with  the  top  of  the  blocks. 

All  cement  used  on  the  work  shall  be  first  quality 
American  Portland  cement  which  shall  be  subject  to  the  usual 
tests  by  the  City  Engineer. 

Sand  shall  be  clean  and  sharp,  free  from  clay,  loam  or 
organic  matter,  equal  to  Cow  Bay  sand. 

No  travel  shall  be  allowed  on  the  pavement  during  con- 
struction, nor  for  a period  of  at  least  six  days  after  com- 
pletion. 

CONCRETE  FOUNDATIONS 

§ 10.  Where  the  plans  and  specifications  call  for  a 
foundation  of  concrete  it  shall  be  made  as  follows: 

Concrete  shall  be  made  of  one  part  of  cement  as  below. 


Code  of  Ordinances. 


109 


three  parts  of  sand  as  below,  and  five  parts  of  \y2  inch  broken 
stone  as  below,  all  the  amounts  to  be  proportioned  by 
actual  measurement,  and  to  be  mixed,  placed  and  rammed 
as  directed  by  the  Commissioner  of  Public  Works,  and  to 
his  satisfaction. 

The  cement  shall  be  of  the  best  quality,  of  an  approved 
brand  of  American  Portland  cement  which  shall  conform  to 
the  following  tests  to  be  made  under  the  direction  of  the  City 
Engineer,  and  no  cement  shall  be  used  on  any  part  of  the 
work  until  the  same  shall  have  been  tested  and  approved 
by  him  and  accepted  by  the  Commissioner. 

First — For  fineness.  At  least  97  per  cent,  by  weight 
shall  pass  a sieve  of  2,500  meshes  per  square  inch  and  92 
per  cent,  by  weight  shall  pass  a sieve  of  10,000  meshes  per 
square  inch.  Second — For  tensile  strength  neat.  After  one 
day  in  moist  air,  it  must  stand  a tensile  strain  of  150-200  lbs. 
per  square  inch.  After  one  day  in  moist  air  and  6 days’" 
immersion  in  water,  it  must  stand  a tensile  strain  of 
450-550  lbs.  per  square  inch.  After  one  day  in  moist  air 
and  27  days’  immersion  in  water,  it  must  stand  a tensile 
strain  of  550-650  lbs.  per  square  inch.  Pats  one-quarter 
inch  thick  and  chamfered  to  feather  edge  shall  show  no 
cracks  in  setting.  Cement  shall  show  satisfactory  results 
under  the  boiling  tests.  If  cement  is  found  of  improper 
quality,  it  will  be  branded  and  must  be  immediately  re- 
moved from  the  work.  In  all  cases  376  pounds  of  cement 
shall  be,  taken  to  be  3.7  cubic  feet  in  proportioning  in- 
gredients of  mortar  and  concrete. 

All  sand  shall  be  clean,  sharp,  and  free  from  loam,  clay 
or  vegetable  matter,  equal  to  Cow  Bay  sand,  and  of  a quality 
to  be  approved  by  the  Commissioner.  Sand  used  in  the 
mortar  for  brick  masonry,  plastering  and  filling  the  joints 
of  vitrified  pipe  sewers,  must  be  screened  if  deemed  neces- 
sary by  the  Commissioner. 

The  broken  stone  may  be  trap  rock,  granite,  limestone 
or  gneiss,  but  it  must  be  sound,  hard  and  broken  to  pass 
through  a 1 inch  ring,  and  of  a kind  and  quality  satisfactory 
to  the  Commissioner  for  use  in  concrete. 


110 


Code  of  Ordinances. 


GRADE  LIMITATIONS. 

§11.  The  grade  limitations  of  the  different  pavements 
shall  be  as  follows: 

Granite  block  pavement  shall  not  be  laid  on  any  street 
or  avenue  on  a grade  exceeding  nine  per  cent. 

Vitrified  brick  pavement  shall  not  be  laid  on  any  street 
or  avenue  on  a grade  exceeding  nine  per  cent. 

Asphalt  block  pavement  shall  not  be  laid  on  any  street 
or  avenue  on  a grade  exceeding  seven  per  cent. 

Sheet  asphalt  pavement  shall  not  be  laid  on  any  street 
or  avenue  on  a grade  exceeding  five  per  cent. 

Bitulithic  pavement  shall  not  be  laid  on  any  street  or 
avenue  on  a grade  exceeding  ten  per  cent. 

ARTICLE  XVIII. 

GOVERNING  THE  CONSTRUCTION  OF  BUILDINGS. 

TITLE  I. 

TITLE  OF  ARTICLE. 

Section  1 . The  following  provisions  shall  constitute  and 
be  known  as  The  Building  Code,  and  may  be  cited  as  such 
and  together  with  the  Sanitary  Code,  presumptively  pro- 
vides for  all  matters  concerning,  affecting  or  relating  to  the 
construction,  equipment,  alteration,  repair,  moving  or  re- 
moval of  buildings  or  structures  erected  or  to  be  erected  in 
the  City  of  Yonkers,  and  no  building  or  structure  shall  be 
erected,  built  or  constructed  within  the  City  of  Yonkers 
except  in  compliance  with  the  provisions  of  this  Code. 

TITLE  II. 

PRELIMINARY  REQUIREMENTS. 

NEW  BUILDINGS  AND  BUILDINGS  TO  BE  ALTERED. 

§ 2.  It  shall  be  unlawful  to  proceed  with  the  erection, 
enlargement,  alteration,  repair  or  removal  of  any  building 


Code  of  Ordinances. 


Ill 


or  part  thereof,  or  any  platform  or  staging  to  be  used  for 
standing  or  seating  purposes,  or  of  any  structure  within  the 
meaning  of  any  of  the  provisions  of  this  article,  unless  a 
permit  shall  first  be  obtained  from  the  Building  Inspector; 
application  for  permits  shall  be  made  in  writing  by  the  owner 
or  his  agent,  and  shall  be  made  upon  forms  or  blanks  to  be 
issued  for  that  purpose,  and  shall  be  accompanied  by  a set 
of  plans  drawn  to  a scale  on  durable  paper,  and  specifications 
of  the  proposed  work,  which  plans  and  specifications  shall 
sufficiently  set  forth  the  extent  and  character  of  the  work 
in  all  its  structural  parts;  together  with  an  affidavit  of  the 
truth  of  the  facts  set  forth  in  the  application,  and  no  permit 
shall  be  given  until  the  application,  together  with  the  plans 
and  specifications,  accompanying  and  illustrating  the  same, 
shall  have  been  approved  by  the  Building  Inspector ; but  no 
such  plans  and  specifications  shall  be  approved  unless  they 
conform  to  the  provisions  of  this  article.  Nothing  in  this 
section  shall  be  construed  to  prevent  the  Building  Inspector 
from  granting  a permit  for  the  erection  of  a building  or  other 
structure  where  plans  and  detailed  statements  have  been 
presented  for  the  same  before  the  entire  plans  and  specifica- 
tions have  been  submitted.  Blue,  black  or  gray  prints  of 
plans  may  be  accepted,  if  clear  and  intelligible.  Said  ap- 
plication, plans  and  specifications  and  detailed  statements 
shall  remain  on  file  with  the  Building  Inspector. 


BUILDINGS  TO  BE  ERECTED  OR  ALTERED  IN  CON- 
FORMITY TO  PLANS  ON  FILE. 

§ 3.  It  shall  be  unlawful  to  erect  any  building  or  other 
structure,  for  which  permit  has  been  granted,  except  it  be 
in  conformity  with  the  application  and  the  plans  and  speci- 
fications on  file  and  approved  by  the  Building  Inspector.  A 
duplicate  set  of  the  approved  plans  and  specifications  must 
be  kept  at  the  building  or  other  structure  during  its  erection 
or  alteration  and  be  accessible  at  all  times  to  the  Building 
Inspector.  The  Building  Inspector  or  his  Assistant  shall 
have  authority  to  order  any  change  from  the  application  or 
plans  and  specifications  on  file  in  the  office  of  the  Inspector, 


112 


Code  of  Ordinances. 


should  it  be  found,  upon  inspection,  that  there  are  condi- 
tions which  make  such  change  necessary;  notice  of  such 
change  shall  be  given  in  writing  to  the  owner  or  his  agent, 
or  to  the  contractor  in  charge  of  the  work:  Provided,  that 
no  such  change  shall  be  made  except  it  conforms  to  the  pro- 
visions of  this  article. 

TIME  OF  PERMIT:— REPAIRS. 

§ 4.  Permits  shall  be  granted  or  refused  within  six 
days,  Sundays  and  legal  holidays  excluded,  after  the  appli- 
cation and  the  submission  of  the  plans  and  specifications, 
unless  said  plans  and  specifications,  or  detailed  statements, 
shall  be  complicated  or  extensive,  in  which  case  said  permits 
shall  be  granted  within  a reasonable  time  after  such  sub- 
mission. Every  permit  shall  be  considered  cancelled  if 
active  work  is  not  commenced  within  the  period  of  six 
months  from  the  date  of  its  issue.  Ordinary  repairs  to 
buildings  may  be  made  without  notice  to  the  Buiiding  In- 
spector, but  such  repairs  shall  not  be  construed  to  include 
the  cutting  away  of  any  stone  or  brick  wall;  or  any  portion 
thereof,  the  removal  or  cutting  of  any  beam  or  support,  or 
the  removal,  change  or  closing  of  any  stairway. 

DEMOLISHING  BUILDING. 

§ 5.  When  plans  and  detailed  statements  are  filed  with 
the  Building  Inspector  for  the  erection  of  a new  building,  if 
an  existing  building  or  part  of  an  existing  building  is  to  be 
demolished,  such  fact  shall  be  stated  in  the  statement  so  filed. 

In  demolishing  any  building,  story  after  story  shall  be 
completely  removed,  commencing  with  the  top  story.  No 
material  shall  be  placed  upon  the  floor  of  any  such  building 
in  the  course  of  demolition,  but  the  brick,  timbers  and  other 
structural  parts  of  each  story  shall  be  lowered  to  the  ground 
immediately  upon  displacement. 

The  material  to  be  removed  shall  be  properly  wet  down 
to  lay  the  dust  incident  to  its  removal. 


Code  of  Ordinances. 


113 


The  owner,  architect,  builder  or  contractor  for  any 
building,  structure,  premises,  wall,  platform,  staging  or 
flooring  to  be  demolished  shall  give  not  less  than  twenty-four 
hours’  notice  to  the  Building  Inspector  of  such  intended 
demolition. 


TITLE  III. 

DEFINITIONS. 

MEASUREMENT  OF  HEIGHT  FOR  BUILDINGS  AND 

WALLS. 

§ 6.  The  height  of  buildings  shall  be  measured — 

From  the  curb  level  at  the  center  of  the  front  of  the 
building  to  the  top  of  the  highest  point  of  the  roof  beams 
in  the  case  of  flat  roofs, 

And  for  pitched  roofs  the  average  of  the  height  of  the 
gable  shall  be  taken  as  the  highest  point  of  the  building. 

In  case  a wall  is  carried  on  iron  or  steel  girders,  or  iron 
or  steel  girders  and  columns,  or  piers  of  masonry,  the  meas- 
urements, as  to  height  for  the  wall,  may  be  taken  from  the 
top  of  such  girder,  in  which  case  the  height  of  the  girder 
shall  not  exceed  seven  feet. 

When  the  walls  of  a structure  do  not  adjoin  the  street 
then  the  average  level  for  the  ground  adjoining  the  wall  of 
the  front  of  the  building  may  be  taken  instead  of  the  street 
curb  level  for  the  height  of  such  structure. 


MEASUREMENTS  FOR  WIDTH  AND  DEPTH  OF 

BUILDINGS. 

§ 7.  The  width  of  a building  shall  be  considered  to 
mean  the  width  of  the  frontage  on  the  street  except  in  case 
of  corner  lots  when  the  greatest  horizontal  dimension  shall 
be  considered  its  depth  and  the  next  greatest  horizontal 
dimension  its  width. 


114 


Code  of  Ordinances. 


DEFINITION  OF  PRIVATE  DWELLING. 

§ 8.  A private  dwelling  shall  be  taken  to  mean  and  in- 
clude every  building  which  shall  be  intended  or  designed  for 
or  used  as  the  home  or  residence  of  not  more  than  two  sep- 
arate and  distinct  families  or  households,  and  in  which  not 
more  than  fifteen  rooms  shall  be  used  for  the  accommoda- 
tion of  boarders,  and  no  part  of  which  structure  is  used  as  a 
store  or  for  any  business  purpose. 

Two  or  more  such  dwellings  may  be  connected  on  each 
story  when  used  for  boarding  purposes,  provided  the  halls 
and  stairs  of  each  house  shall  be  left  unaltered. 

Any  such  building  hereafter  erected  shall  not  cover  more 
than  ninety  per  cent,  of  the  lot  area. 

DEFINITION  OF  APARTMENT  OR  TENEMENT  HOUSE 

§ 9.  An  apartment  or  tenement  house  shall  be  taken 
to  mean  and  include  every  house  or  building  or  portion 
thereof,  which  is  rented,  leased,  let  or  hired  out  to  be  occu- 
pied or  is  occupied  as  the  home  residence  of  three  or  more 
families,  living  independently  of  each  other  and  doing  their 
cooking  on  the  premises. 

DEFINITION  OF  LODGING  HOUSE. 

§ 10.  A lodging  house  shall  be  taken  to  mean  and  in- 
clude every  house  or  building  or  portion  thereof  in  which 
persons  are  harbored  or  received  or  lodged  for  hire  for  a 
single  night,  or  for  less  than  a week  at  one  time,  or  any  part 
of  which  is  let  for  any  person  to  sleep  in  for  a term  less  than 
a week. 

Any  such  building  hereafter  erected  shall  not  cover  any 
greater  percentage  of  a lot  than  is  lawful  for  a hotel. 

DEFINITION  OF  HOTEL. 

§11.  A hotel  shall  be  taken  to  mean  and  include  every 
building,  or  part  thereof,  intended,  designed  or  used  for  sup- 


Code  of  Ordinances. 


115 


plying  food  and  shelter  to  residents  or  guests,  and  having  a 
general  public  dining  room  or  a cafe,  or  both,  and  containing 
also  ten  or  more  sleeping  rooms  above  the  first  story. 

An  apartment  hotel  shall  be  taken  to  mean  and  include 
every  hotel  in  which  the  apartments  are  rented  or  are  in- 
tended or  designed  to  be  rented  in  suites,  and  for  terms  not 
less  than  one  month,  and  in  which  there  are  no  kitchens, 
dining  rooms  or  serving  rooms  within  the  apartments,  but 
where  a common  dining  room  is  provided  for  the  use  of  the 
tenants. 

Whenever  any  such  hotel  or  apartment  hotel  building 
hereafter  erected  shall  be  located  on  any  other  than  a corner  lot 
or  plot,  it  shall  not  cover  in  the  aggregate  more  than  90  per 
cent,  of  the  area  of  such  lot  or  plot  at  and  above  the  second 
story  floor  level,  if  not  more  than  four  stories  in  height, 
and  one  and  one-half  per  cent,  less  for  every  story  in  height, 
commencing  at  and  above  the  second  story  floor  level,  and 
on  a corner  lot,  when  covering  an  area  of  not  more  than 
3,000  square  feet,  it  shall  not  occupy  more  than  95  per  cent, 
of  the  area  of  such  lot  at  and  above  the  second  story  level. 
In  case  any  such  building  is  to  occupy  a number  of  lots,  the 
Building  Inspector  may  allow  the  free  air  space,  proportioned 
as  herein  stated,  to  be  distributed  in  such  manner  as,  in  his 
opinion,  will  equally  as  well  secure  light  and  ventilation. 

DEFINITION  OF  OFFICE  BUILDING. 

§ 12.  An  office  building  shall  be  taken  to  mean  and  in- 
clude every  building  which  shall  be  divided  into  rooms  above 
the  first  story,  and  be  intended  and  used  for  office  purposes, 
and  no  part  of  which  shall  be  used  for  living  purposes,  ex- 
cepting only  for  the  janitor  and  his  family. 

Office  buildings  when  not  erected  on  a comer  shall  not 
cover  more  than  90  per  cent,  of  the  lot  area  at  and  above  the 
second  story  floor  level. 

DEFINITION  OF  FRAME  BUILDING. 

§ 13.  A frame  building  shall  be  taken  to  mean  a 
building  or  structure  of  which  the  exterior  walls  or  a portion 
thereof  shall  be  constructed  of  wood. 


116 


Code  of  Ordinances. 


Buildings  sheathed  with  boards  and  partially  or  entirely 
covered  with  four  inches  of  brick  or  stone  work  shall  be 
deemed  to  be  frame  buildings. 

DEFINITION  OF  FIRE-PROOF  BUILDING. 

§ 14.  A fire-proof  building  shall  be  taken  to  mean  a 
building  or  structure  all  parts  of  which  are  designed  for  carry- 
ing weights  or  resisting  strains,  constructed  wholly  of  stone, 
burnt  clay,  iron,  steel,  or  Portland  cement  concrete,  and  all 
partitions  and  stairs  and  stair  and  elevator  inclosures  made 
entirely  of  incombustible  material,  and  all  metallic  structural 
members  protected  against  the  effect  of  fire  by  coverings  of 
material  which  must  be  incombustible  and  a slow  heat  con- 
ductor. The  interior  trim,  including  doors  and  door  and 
window  casings  may  be  of  wood  in  such  buildings.  The 
window  frames  and  sash  on  the  street  front,  and  the  window 
frames  and  sash  on  the  sides  and  rear  when  not  within  thirty 
feet  of  the  adjoining  property,  may  also  be  made  of  wood. 

DEFINITION  OF  NON-FIRE-PROOF  BUILDING. 

§ 15.  A non -fire-proof  building  shall  include  all  build- 
ings the  walls  of  . which  are  as  specified  for  fire-proof  build- 
ings, but  which  in  their  interior  construction  are  not  in  ac- 
cordance with  the  requirements  as  herein  set  forth  for  fire- 
proof buildings,  or  the  floors  of  which  may  be  of  ordinary 
house  or  joist  construction. 

TITLE  IV. 

QUALITY  OF  MATERIALS. 

BRICK. 

§ 16.  The  brick  used  in  all  buildings  shall  be  good,  hard,, 
well  burnt  brick. 

When  old  brick  are  used  in  any  wall  they  shall  be  thor- 
oughly cleaned  before  being  used,  and  shall  be  whole  and 
good,  hard,  well  burnt  brick. 


Code  of  Ordinances. 


117 


SAND. 

§ 17.  The  sand  used  for  mortar  in  all  buildings  shall 
be  clean,  sharp  grit  sand,  free  from  loam  or  dirt,  and  shall 
not  be  finer  than  the  standard  samples  kept  in  the  office  of 
the  Building  Inspector. 

LIME  MORTAR. 

§ 18.  Lime  mortar  shall  be  made  of  the  proportions  of 
four  parts  of  sand  to  one  part  of  lime  approved  by  the  Build- 
ing Inspector. 

All  lime  used  for  mortar  shall  be  thoroughly  burnt  and 
of  good  quality,  and  properly  slaked  before  it  is  mixed  with 
the  sand. 

CEMENT  MORTAR. 

§ 19.  Cement  mortar  shall  be  made  of  cement  and  sand 
in  the  proportions  of  one  part  of  cement,  and  not  more  than 
three  parts  of  sand,  and  shall  be  used  immediately  after  being 
mixed. 

The  cement  and  sand  are  to  be  measured  and  thoroughly 
mixed  before  adding  water. 

CEMENT  AND  LIME  MORTAR. 

§ 20.  Cement  and  lime  mortar  mixed  shall  be  made  of 
the  proportions  of  one  part  of  slaked  lime  and  four  parts  of 
sand,  to  which  shall  be  added  at  time  of  use  one-quarter  of  a 
barrel  of  Portland  cement  to  each  barrel  of  lime  used. 

CEMENTS. 

§ 21.  Cements  must  be  very  finely  ground  and  free 
from  lumps.  Cement  classed  as  Portland  shall  be  considered 
to  mean  such  cement  as  will,  when  tested  neat,  after  one  day 
set  in  air,  be  capable  of  sustaining  without  rupture  a tensile 
strain  of  at  least  175  pounds  per  square  inch,  and  after  one 
day  in  air  and  six  days  in  water  shall  be  capable  of  sustaining 


118 


Code  of  Ordinances. 


without  rupture  a tensile  strain  of  at  least  500  pounds  per 
square  inch. 

Cements  other  than  Portland  cement  shall  be  considered 
to  mean  such  cement  as  will,  when  tested  neat,  after  one  day 
set  in  air,  be  capable  of  sustaining  without  rupture  a tensile 
strain  of  at  least  60  pounds  per  square  inch,  and  after  one 
day  in  air  and  six  days  in  water  be  capable  of  sustaining 
without  rupture  a tensile  strain  of  at  least  120  pounds  per 
square  inch. 

TESTS  OF  CEMENTS. 

§ 22.  Said  tests  are  to  be  made  under  the  supervision 
of  the  Building  Inspector,  at  such  times  as  he  may  determine 
and  a record  of  all  cements  answering  the  above  requirements 
shall  be  kept  for  public  information. 

CONCRETE. 

§ 23.  Concrete  for  foundations  shall  be  made  of  at  least 
one  part  of  cement,  two  parts  of  sand  and  five  parts  of  clean 
broken  stone,  of  such  size  so  as  to  pass  in  any  way  through 
a two-inch  ring,  or  good  clean  gravel  may  be  used  in  the 
same  proportion  as  broken  stone. 

The  cement,  sand  and  stone  or  gravel  shall  be  measured 
and  mixed  as  is  prescribed  for  mortar. 

All  concrete  shall  be  properly  rammed  into  place  and 
allowed  to  set  without  being  disturbed. 

QUALITY  OF  TIMBER. 

§ 24.  All  timbers  and  wood  beams  used  in  any  building 
shall  be  of  good,  sound  material,  free  from  rot,  large  and  loose 
knots,  shakes,  or  any  imperfection  whereby  the  strength  may 
be  impaired,  and  be  of  such  size  and  dimensions  as  the  pur- 
pose for  which  the  building  is  intended  require. 

TESTS  OF  NEW  MATERIALS. 

§ 25.  New  structural  material  of  whatever  nature  shall 
be  subjected  to  such  tests  to  determine  its  character  and 
quality,  as  the  Building  Inspector  shall  direct. 


Code  of  Ordinances. 


119 


The  tests  shall  be  made  under  the  supervision  of  the 
Building  Inspector,  or  he  may  direct  the  architect  or  owner 
to  file  with  him  a certified  copy  of  the  results  of  tests,  such 
as  he  may  direct  shall  be  made. 

WROUGHT  IRON. 

§ 26.  All  wrought  iron  shall  be  uniform  in  character, 
fibrous,  tough  and  ductile.  It  shall  have  an  ultimate  tensile 
resistance  of  not  less  than  48,000  lbs.  per  square  inch,  and 
elastic  limit  of  not  less  than  24,000  lbs.  per  square  inch,  and 
an  elongation  of  twenty  per  cent,  in  eight  inches,  when  tested 
in  small  specimens. 

STEEL. 

§ 27.  All  structural  steel  shall  have  an  ultimate  tensile 
strength  of  from  54,000  to  64,000  pounds  per  square  inch. 
Its  elastic  limit  shall  be  not  less  than  32,000  pounds  per 
square  inch,  and  test  specimens,  ruptured  in  tension,  must 
show  a minimum  elongation  of  less  than  20  per  cent,  in  eight 
inches.  Rivet  steel  shall  have  an  ultimate  strength  of  from 
50,000  to  58,000  pounds  per  square  inch. 

CAST  STEEL. 

28.  Cast  steel  shall  be  made  of  open  hearth  steel  con- 
taining one-quarter  to  one-half  per  cent,  of  carbon,  not  over 
eight  one-hundredths  of  one  per  cent,  of  phosphorus  and 
shall  be  practically  free  from  blow  holes. 

CAST  IRON. 

§ 29.  Cast  iron  shall  be  of  good  foundry  mixture,  pro- 
ducing a clean,  tough,  gray  iron.  Sample  bars  five  feet  long, 
one  inch  square,  cast  in  sand  molds,  placed  on  supports  four 
feet  six  inches  apart,  shall  bear  a central  load  of  450  pounds 
before  breaking.  Casting  shall  be  free  of  serious  blow  holes, 
cinder  spots  and  cold  shuts.  Ultimate  tensile  strength  shall 
be  not  less  than  16,000  pounds  per  square  inch  when  tested 
in  small  specimens. 


120 


Code  of  Ordinances. 


TITLE  V. 

EXCAVATIONS  AND  FOUNDATIONS. 
EXCAVATIONS. 

§ 30.  All  excavations  for  buildings  shall  be  properly 
guarded  and  protected  so  as  to  prevent  the  same  from  be- 
coming dangerous  to  life  or  limb,  and  shall  be  sheath-piled 
by  the  person  or  persons  causing  the  excavations  to  be  made 
when  necessary  to  prevent  the  adjoining  earth  from  caving  in. 

Plans  filed  with  the  Building  Inspector  shall  be-  accom- 
panied by  a statement  of  the  character  of  the  soil  at  the  level 
of  the  footings.  The  Building  Inspector  shall  be  notified 
before  footings  are  commenced. 

Whenever  an  excavation  of  either  earth  or  rock  for 
building  or  other  purposes,  shall  be  intended  to  be,  or  shall 
be  carried  to  the  depth  of  more  than  nine  feet  below  the  curb, 
the  person  or  persons  causing  such  excavations  to  be  made 
shall  at  all  times,  from  the  commencement  until  the  com- 
pletion thereof,  if  afforded  the  necessary  license  to  enter  upon 
the  adjoining  land,  at  his  or  their  own  expense,  preserve 
any  adjoining  or  contiguous  wall  or  walls,  structure  or  struc- 
tures from  injury,  and  support  the  same  by  proper  founda- 
tions, so  that  the  said  wall  or  walls,  structure  or  structures, 
shall  be,  and  remain  practically  as  safe  as  before  such  ex- 
cavation was  commenced,  whether  the  said  adjoining  or 
contiguous  wall  or  walls,  structure  or  structures,  are  down 
more  or  less  than  nine  feet  below  the  curb. 

If  the  necessary  license  is  not  accorded  to  the  person  or 
persons  making  such  excavation,  then  it  shall  be  the  duty  of 
the  owner  or  owners  refusing  to  grant  such  license  to  make 
the  adjoining  or  contiguous  wall  or  walls,  structure  or  struc- 
tures, safe,  and  support  the  same  by  proper  foundations  so 
that  adjoining  excavations  may  be  made,  and  shall  be  per- 
mitted to  enter  upon  the  premises  for  that  purpose,  when 
necessary,  where  such  excavation  is  being  made. 

If  such  excavation  shall  not  be  intended  to  be,  or  shall 
not  be  carried  to  a depth  of  more  than  nine  feet  below  the 


Code  of  Ordinances. 


121 


curb,  the  owner  or  owners  of  such  adjoining  or  contiguous 
wall  or  walls,  structure  or  structures,  shall  preserve  the  same 
from  injury,  and  so  support  the  same  by  proper  foundations 
that  it  or  they  shall  be  and  remain  practically  as  safe  as 
before  such  excavation  was  commenced,  and  shall  be  per- 
mitted to  enter  upon  the  premises  for  that  purpose,  when 
necessary,  where  such  excavation  is  being  made. 

ADJOINING  WALLS. 

§31.  In  case  an  adjoining  party  wall  is  intended  to  be 
used  by  the  person  or  persons  causing  the  excavation  to  be 
made,  and  such  party  wall  is  in  good  condition  and  sufficient 
for  the  uses  of  the  adjoining  building,  then  and  in  such  case 
the  person  or  persons  causing  the  excavations  to  be  made 
shall,  at  his  or  their  own  expense,  preserve  such  party  wall 
from  injury  and  support  the  same  by  proper  foundations,  so 
that  said  party  wall  shall  be  and  remain  practically  as  safe 
as  before  the  excavation  was  commenced. 

If  the  person  or  persons  whose  duty  it  shall  be  to  pre- 
serve or  protect  any  wall  or  walls,  structure  or  structures 
from  injury  shall  neglect  or  fail  so  to  do  after  having  had 
notice  of  twenty-four  hours  from  the  Building  Inspector, 
then  the  Inspector  may  enter  upon  the  premises  and  employ 
such  labor,  and  furnish  such  materials,  and  take  such  steps 
as,  in  his  judgment,  may  be  necessary,  at  the  expense  of  the 
person  or  persons  whose  duty  it  is  to  keep  the  same  safe 
and  secure  or  to  prevent  the  same  from  becoming  unsafe  or 
dangerous. 

Any  party  doing  the  said  work,  or  any  part  thereof, 
under  and  by  direction  of  the  said  Inspector  of  Buildings, 
may  bring  and  maintain  an  action  against  the  person  or 
persons  last  herein  referred  to,  to  recover  the  value  of  the 
work  done,  and  materials  furnished,  in  and  about  the  said 
premises,  in  the  same  manner  as  if  he  had  been  employed 
to  do  the  said  work  by  the  said  person  or  persons. 

RETAINING'  WALLS 

§ 32.  When  an  excavation  is  made  on  any  lot,  the  per- 
son or  persons  causing  such  excavation  to  be  made  shall 


122 


Code  of  Ordinances. 


build  at  his  or  their  own  cost  and  expense,  a retaining  wall 
to  support  the  adjoining  earth,  and  said  retaining  wall  shall 
be  carried  to  the  height  of  the  adjoining  earth,  and  be  prop- 
erly protected  by  coping. 

When  the  grade  of  any  lot  is  raised  above  the  surround- 
ing lots  by  being  filled,  the  person  or  persons  causing  such 
raise  in  grade  shall  build  on  his  or  their  own  lot,  at  his  or 
their  own  cost  and  expense,  a retaining  wall  to  support  such 

fill. 

The  thickness  of  a retaining  wall  at  its  base  shall  be  in 
no  case  less  than  one-fourth  of  its  height. 

BEARING  CAPACITY  OF  SOILS. 

§ 33.  Foundations  of  other  materials  than  piles  shall  b 
so  proportioned  that  the  loads  upon  the  soil  shall  not  exceed 
the  limits  for  the  different  kinds  of  soil  herein  given,  to  wit: 
Soft  clay,  one  ton  per  square  foot;  ordinary  clay  and  sand 
together  in  layers,  wet  and  springy,  two  tons  per  square  foot; 
sand  and  loose  gravel,  or  dry  hard  clay,  three  and  one  half 
tons  per  square  foot;  hard  pan,  six  tons  per  square  foot;  for 
soils  other  than  those  above  specified,  the  loads  to  be  deter- 
mined by  the  Building  Inspector.  No  foundation  shall  be 
laid  on  any  soil  containing  organic  matter. 

PRESSURE  UNDER  FOOTINGS  OF  FOUNDATIONS. 

§ 34.  The  loads  exerting  pressure  under  the  footings  of 
foundations  in  buildings  more  than  three  stories  in  height 
are  to  be  computed  as  follows: 

For  warehouses  and  factories  they  are  to  be  the  full 
dead  load  and  the  full  live  load. 

In  stores  and  buildings  for  light  manufacturing  purposes, 
and  in  churches,  schoolhouses  and  places  of  public  amuse- 
ment or  assembly,  they  are  to  be  the  full  dead  load  and 
seventy-five  per  cent,  of  the  live  load. 

In  office  buildings,  hotels,  apartment  hotels,  dwellings, 
apartment  houses,  tenement  houses,  lodging  houses  and 


Code  of  Ordinances. 


123 


stables  they  are  to  be  the  full  dead  load  and  sixty  per  cent, 
of  the  live  load. 

Footings  shall  be  so  designed  that  the  loads  will  be  as 
nearly  uniform  as  possible,  and  not  in  excess  of  the  safe 
bearing  capacity  of  the  soil,  as  established  in  this  Code. 

FOUNDATIONS,  PILES,  ETC.  - 

§ 35.  The  foundation  walls  of  all  buildings,  excepting 
those  that  are  erected  on  wharves,  or  wharf  piers  on  a water 
front,  shall  be  laid  not  less  than  three  feet  below  the  exposed 
surface  of  the  earth  on  the  solid  ground  or  level  surface  of 
rock.  Where  solid  earth  or  rock  is  not  obtainable,  the  said 
walls  may  be  supported  by  a foundation  of  wooden  piles  or 
caissons,  filled  with  concrete,  or  such  other  foundation  as  the 
Building  Inspector  shall  direct.  Piles  intended  for  a wall, 
pier  or  post  to  rest  upon  shall  not  be  less  than  five  (5)  inches 
in  diameter  at  the  smaller  end,  and  shall  be  so  spaced  to 
carry  the  load  imposed  thereon  or  otherwise  as  may  be  re- 
quired by  the  Building  Inspector,  and  they  shall  be  driven 
to  a solid  bearing.  No  pile  shall  be  weighted  with  a load 
exceeding  forty  thousand  (40,000)  pounds.  The  tops  of  all 
piles  shall  be  cut  off  below  the  lowest  water  line  where  re- 
quired; concrete  shall  be  rammed  down  in  the  interstices 
between  the  heads  of  the  piles  to  the  depth  and  thickness  of 
at  least  twelve  (12)  inches,  and  for  one  foot  in  width  outside 
of  the  piles.  Where  ranging  and  capping  timbers  are  laid 
on  piles  for  foundations,  they  shall  be  of  yellow  pine,  not  less 
than  six  (6)  inches  thick,  and  properly  joined,  and  their  tops 
laid  below  the  lowest  water  line. 

Concrete  piles  or  reinforced  concrete  piles  may  be  used; 
in  no  case,  however,  shall  the  load  on  a concrete  pile  exceed 
twenty-five  tons  per  square  foot  of  cross  section  of  concrete, 
plus  6,000  pounds  per  square  inch  of  any  longitudinal  steel 
reinforcement. 

FOOTINGS  UNDER  FOUNDATION  WALLS. 

§ 36.  The  footing  or  base  course  shall  be  of  stone  or 
concrete,  or  both,  or  steel  beams  bedded  in  concrete,  or  con- 


124 


Code  of  Ordinances. 


Crete  and  stepped-up  brickwork;  all  of  the  said  footing  or 
base  courses  to  be  of  sufficient  thickness,  breadth  and  strength 
to  safely  bear  the  weight  to  be  imposed  thereon.  If  the 
footing  or  base  course  be  of  stone,  the  stones  shall  be  laid 
edge  to  edge,  and  shall  not  be  less  than  two  (2)  by  three  (3) 
feet,  and  be  of  sufficient  thickness  to  carry  the  load  imposed. 
If  stepped-up  footings  of  brick  are  used  in  place  of  stone 
above  the  concrete,  the  offsets  shall  be  laid  in  single  courses, 
and  shall  not  exceed  one  and  one-half  inch,  starting  one-half 
the  thickness  of  the  concrete  back  from  the  edge. 

If  steel  beams  or  rails  are  used  for  a footing  or  base 
course,  they  must  be  thoroughly  embedded  in  concrete,  the 
ingredients  of  which  must  be  such  that  after  proper  ramming 
the  interior  of  the  mass  will  be  free  from  cavities ; the  beams 
or  rails  must  be  entirely  enveloped  in  concrete.  This  con- 
crete, and  all  concrete  in  contact  with  metal  work,  shall  be 
made  of  Portland  cement,  and  the  broken  stone  used  shall 
not  be  limestone  of  any  character. 

FOUNDATION  WALLS. 

§ 37.  All  foundation  walls  and  cellar  walls  shall  be 
built  of  stone,  brick  or  concrete.  If  constructed  of  stone  or 
Portland  cement  concrete  they  shall  be  at  least  six  (6)  inches 
thicker  than  the  wall  next  above  them  to  the  depth  of  twelve 
(12)  feet  below  the  said  wall,  and  shall  be  increased  six  (6) 
inches  in  thickness  for  every  additional  ten  (10)  feet  or 
fraction  thereof  in  depth  below  the  said  twelve  feet. 

If  of  brick,  they  shall  be  at  least  four  (4)  inches  thicker 
than  the  wall  next  above  them  to  a depth  of  twelve  (12)  feet 
below  the  said  wall,  and  shall  be  increased  four  (4)  inches 
in  thickness  for  every  ten  (10)  feet  or  fraction  thereof  below. 

Foundation  walls  for  dwellings,  private  stables  and  car- 
riage houses,  and  buildings  of  a light  character,  if  of  stone, 
shall  not  be  less  than  eighteen  (18)  inches  thick;  if  of  brick, 
not  less  than  eight  inches  thick,  and  if  of  Portland  cement 
concrete  or  concrete  block  construction,  shall  be  of  such 
thickness  as  necessary  to  carry  the  load  to  be  imposed,  and 
in  no  case  to  be  less  than  10  inches.  All  foundations  shall 
be  sufficiently  strong  to  resist  lateral  pressure. 


Code  of  Ordinances. 


125 


TITLE  VI. 

WALLS,  PIERS  AND  PARTITIONS. 
STONE  WALLS. 


§ 38.  All  stone  walls  shall  be  laid  to  a line  plumb  and 
straight,  and  shall  be  faced  on  both  sides.  Walls  twenty-four 
inches  or  less  in  thickness  shall  have  at  least  one  header  ex- 
tending through  the  walls  every  three  (3 ) feet  in  height  from 
the  bottom  of  the  wall  and  in  every  four  (4)  feet  in  length,  and 
if  over  twenty-four  inches  in  thickness  shall  have  one  header 
for  every  six  (6)  superficial  feet  on  both  sides  of  the  wall. 
All  headers  shall  consist  of  good  flat  stones ; each  stone  shall 
be  thoroughly  bedded  in  mortar  under  the  entire  area,  in 
such  manner  that  it  will  not  rock.  All  interstices  between 
individual  stones  must  be  thoroughly  filled  with  mortar,  and, 
if  the  spaces  should  be  large,  pieces  of  broken  stone  must  be 
driven  into  the  mortar.  Walls  used  for  underpinning  shall 
be  composed  of  large  flat  stones  or  hard  brick,  as  the  Building 
Inspector  may  direct,  the  said  walls  to  be  laid  up  in  cement 
mortar.  Where  wedges  are  used,  the  said  wedges  shall  be 
of  iron  or  steel.  This  section  shall  not  be  construed  to 
prevent  the  building  of  such  battered  walls  as  shall  be  ap- 
proved by  the  Building  Inspector. 

Foundation  walls  of  dwellings,  private  stables  and  car- 
riage houses,  and  buildings  of  similar  light  construction,  may 
be  laid  in  lime  mortar.  The  foundation  walls  of  all  other 
buildings  shall  be  laid  in  cement  mortar. 

BRICK  WALLS— DWELLING  HOUSE  CLASS. 

§ 39.  The  thickness  of  brick  walls  for  buildings  of  the 
“ Dwelling  House  ” class,  which  shall  include  the  following 
buildings : 

Apartment  Houses,  Hotels, 

Apartment  Hotels,  Laboratories, 

Asylums,  Lodging  Houses, 

Club  Houses,  Parish  Buildings, 


i 


126 


Code  of  Ordinances. 


Convents, 
Dormitories, 
Dwellings, 
Hospitals, 
Carriage  Houses, 


Schools, 

Studios, 
Tenements, 
Office  Buildings, 
Stables, 


shall  be  of  such  thickness  as  shown  in  the  following  diagram 
with  buildings,  with  a clear  span  between  walls  not  exceeding 
26  feet: 


Inside  partition  walls  of  the  “Dwelling  House”  class 
may  be  four  (4)  inches  less  in  thickness  than  as  shown  on  the 
above  diagram,  but  in  no  case  are  they  to  be  less  than  eight 
(8)  inches  thick,  and  no  eight  (8)  inch  wall  shall  be  over  four 
(4)  stories  or  forty-eight  (48)  feet  in  height.  Non-bearing 
walls  of  the  “ Dwelling  House  ” class  may  be  twelve  (12) 
inches  thick  up  to  the  height  of  five  (5)  stories  or  sixty  (60) 
feet. 

BRICK  WALLS— WAREHOUSE  CLASS. 

§ 40.  The  thickness  of  brick  walls  for  buildings  of  the 
“ Warehouse  ” class,  which  shall  include  the  following 
buildings : 

Armories, 

Breweries, 


Printing  Houses, 
Public  Buildings, 


Code  of  Ordinances. 


127 


Churches, 

Factories, 

Foundries, 

Garages, 

Light  & Power  Houses, 
Machine  Shops, 
Warehouses, 


Public  Assembly  Buildings 
Pumping  Stations, 
Railroad  Buildings, 
Refrigerating  Houses, 
Stores, 

Sugar  Refineries, 

Theatres, 


shall  be  of  such  thickness  as  shown  in  the  folio wing  diagram 
for  buildings,  with  a clear  span  between  walls  not  exceeding 
26  feet: 


§ 41.  If  there  is  to  be  a clear  span  of  over  twenty-six 
(26)  feet  between  walls  of  any  building  included  in  either  the 
“ Dwelling  House  ” class  or  the  “ Warehouse  ” class,  the 
bearing  walls  shall  be  four  (4)  inches  more  in  thickness  than 
shown  in  the  diagrams  for  every  thirteen  (13)  feet  or  fraction 
thereof  the  said  walls  are  more  than  twenty-six  (26)  feet 
apart. 


128 


Code  of  Ordinances. 


The  amount  of  materials  elsewhere  herein  specified  may 
be  used  in  either  piers  or  buttresses  but  no  curtain  wall  be- 
tween such  piers  or  buttresses  shall  be  less  than  twelve  (12) 
inches  thick.  Walls  surrounding  stairs,  elevator  shafts,  fire 
escapes  and  light  walls,  if  of  brick  shall  not  be  less  than 
eight  (8)  inches  thick;  but  they  shall  be  increased  in  thick- 
ness, with  the  increase  in  height,  to  a sufficient  extent  to 
keep  the  load  on  the  brick  work  within  the  maximum  load 
elsewhere  herein  specified.  Nothing  in  this  section  shall  be 
construed  to  prevent  the  erection  of  light  wells,  constructed 
of  a frame  work  of  iron  or  steel  filled  in  with  glass. 

HEIGHT  OF  STORIES. 

§ 42.  The  height  of  stories  for  all  given  thickness  of 
walls  must  not  exceed  eleven  (11)  feet  in  the  clear  for  base- 
ment, eighteen  (18)  feet  in  the  clear  for  the  first  story,  fifteen 
(15)  feet  in  the  clear  for  the  second  story,  fourteen  (14)  feet 
in  the  clear,  average  height,  for  any  upper  story;  and  if  any 
story  exceeds  these  heights,  respectively,  the  walls  of  such 
story  and  all  the  walls  below  the  same  shall  be  increased  four 
(4)  inches  in  thickness,  additional  to  the  thickness  already 
mentioned. 

BUILDINGS  OVER  TWENTY-SIX  FEET  CLEAR  SPACE. 

§ 43.  All  buildings  twenty-six  feet  and  over  in  width, 
where  partitions  are  used,  the  main  carrying  partitions  shall 
be  either  of  brick,  steel  or  iron;  if  steel  or  iron  girders  or 
columns  are  used  said  columns  must  be  over  each  other  or 
carried  on  steel  girders.  Iron  or  steel  trusses  or  girders  may 
be  used:  Provided,  the  supporting  walls  are  increased  in 
thickness  by  the  addition  of  piers  or  buttresses  to  a sufficient 
extent  to  keep  the  load  on  the  brickwork  within  the  maxi- 
mum load  elsewhere  herein  specified. 

INCASING  INTERIOR  COLUMNS  AND  GIRDERS  IN 
NON-FIREPROOF  BUILDINGS. 

§ 44.  In  all  non-fireproof  buildings  where  iron  or  steel 
structural  members  are  incorporated  in  the  construction  of 


Code  of  Ordinances. 


129 


the  building,  said  iron  or  steel  columns,  girders,  beams  and 
other  structural  metal  members  in  first  story  shall  be  incased 
as  before  described  in  this  Code,  except  that  the  thickness  of 
such  insulating  material  may  be  not  less  than  two  inches. 

WALLS  OF  UNFINISHED  BUILDINGS. 

§ 45.  In  no  case  shall  any  wall  or  wails  of  any  building 
be  carried  up  more  than  two  stories  in  advance  of  any  other 
wall  without  the  permission  of  the  Building  Inspector.  The 
front,  rear,  side  and  party  walls  shall  be  properly  bonded  to- 
gether, or  anchored  to  each  other,  every  four  (4)  feet  in  their 
height,  by  wrought  iron  tie  anchors  not  less  than  one  and 
one-half  inches  by  three-eighths  (3-8)  of  an  inch  in  size. 

The  said  anchors  shall  be  built  into  the  side  or  party  walls 
not  less  than  three  (3)  feet  and  into  the  front  and  rear  walls, 
so  as  to  secure  the  front  and  rear  walls  to  the  side  or  party 
walls  when  not  built  and  bonded  together. 

WALLS  TIED,  BONDED,  ETC. 

§ 46.  In  brick  walls,  at  least  every  sixth  course  of  brick 
shall  be  a heading  course,  except  where  walls  are  faced  with 
face  brick,  in  which  case  at  least  every  sixth  course  shall  be 
bonded  with  Flemish  headers,  or  by  cutting  the  corners  of 
the  face  brick  and  putting  diagonal  headers  behind  the  same, 
or  iron  ties.  Where  walls  are  faced  with  face  brick,  bonded 
with  iron  ties  and  used  as  bearing  walls,  they  must  be  in- 
creased four  inches  in  thickness  more  than  hereinbefore 
specified. 

In  all  buildings  where  the  walls  are  built  hollow  the  same 
amount  of  brick  shall  be  used  in  their  construction  as  if  they 
were  solid,  as  heretofore  set  forth,  and  no  hollow  bearing 
wall  shall  be  built  unless  the  two  walls  forming  the  same 
shall  be  connected  by  proper  ties  of  the  same  material  as  the 
walls,  or  stone  or  iron,  placed  not  over  two  feet  apart.  The 
inside  four  inches  of  all  walls  may  be  built  of  hard  burnt 
hollow  clay,  or  porous  terra-cotta  blocks  properly  tied  and 
bonded  into  the  walls,  and  of  the  dimensions  of  ordinary 
brick. 


130 


Code  of  Ordinances. 


WALLS— HOW  LAID. 

§ 47.  All  walls  of  brick  shall  be  thoroughly  bonded  and 
solidly  put  together,  and  shall  be  built  to  a line,  plumb, 
level  and  straight;  all  bricks  to  be  laid  and  bedded  with 
well  filled  joints.  Every  course  when  laid  shall  have  the 
joints  well  flushed  up.  The  brick  walls  below  the  curb  level 
of  all  buildings,  other  than  dwellings  and  buildings  of  a 
similar  light  construction,  shall  be  laid  in  cement  mortar. 
Piers  built  for  the  support  of  any  column,  post  or  wall  shall 
be  laid  in  cement  mortar;  provided,  that  this  section  shall 
not  be  construed  to  prohibit  the  use  of  cement  and  lime 
mortar,  when  in  the  judgment  of  the  Building  Inspector 
the  nature  of  the  construction  may  permit  its  use.  The 
brick  used  in  all  buildings  of  this  character  shall  be  good, 
hard,  well-burnt  and  well-shaped  brick. 

EXISTING  PARTY  WALLS. 

§ 48.  The  Building  Inspector  shall,  upon  the  applica- 
tion of  any  owner  or  owners  of  any  buildings  or  their  author- 
ized agents,  or  upon  the  application  of  any  person  or  persons 
about  to  erect  any  new  building  or  buildings,  examine  any 
or  all  existing  party  or  division  walls,  and  if  they  are  deemed 
by  the  Inspector  to  be  defective,  out  of  repair,  or  insufficient 
and  unfit  for  the  purpose  of  the  old  building  existing  upon 
the  adjoining  premises,  or  of  the  new  buildings  about  to  be 
erected,  such  party  or  division  wall  or  walls  shall  be  repaired 
or  made  good  or  taken  down  by  the  parties  building,  as  the 
Building  Inspector’s  decision  may  be.  In  every  case  where 
such  wall  or  walls  are  defective,  out  of  repair,  or  insufficient 
for  the  purpose  of  the  buildings  there  existing  upon  the  ad- 
joining premises  and  using  the  same,  the  cost  and  expense 
of  such  repair  or  removal,  together  with  the  expense  of  the 
new  wall  or  walls  to  be  erected  in  lieu  thereof,  shall  be  borne 
and  paid  by  the  owner  of  said  buildings  upon  the  adjoining 
premises  and  the  party  erecting  the  new  buildings  in  propor- 
tion to  the  amount  of  such  wall  or  walls  which  is  or  shall  be 
respectively  used  by  their  said  buildings;  and  in  every  case 
where  such  wall  or  walls  are  defective,  out  of  repair,  or  in- 


Code  of  Ordinances. 


131 


sufficient  only  for  the  purpose  of  the  new  buildings,  the  cost 
and  expense  of  such  repair  or  removal,  together  with  the 
expense  of  the  new  wall  or  walls  to  be  erected  in  lieu  thereof, 
shall  then  be  borne  and  paid  exclusively  by  the  parties 
erecting  the  new  buildings,  and  they  shall  also  in  such  case 
make  good  all  damages  occasioned  thereby  to  the  adjoining 
premises. 

LINING  EXISTING  WALLS. 

§ 49.  Walls  heretofore  built  for  or  used  as  party  walls, 
whose  thickness  at  the  time  of  their  erection  was  in  accord- 
ance with  the  requirements  of  the  then  existing  laws,  but 
which  are  not  in  accordance  with  the  requirements  of  this 
Code,  may  be  used,  if  in  good  condition,  for  the  ordinary 
use  of  party  walls:  Provided,  the  height  of  the  same  be  not 
increased.  In  case  it  is  desired  to  increase  the  height  of  the 
existing  party  or  independent  walls,  which  walls  are  less  in 
thickness  than  required  under  this  Code,  the  same  may  be 
done  with  a lining  of  brickwork  to  form  a combined  thick- 
ness with  the  old  walls  of  not  less  than  four  inches  more 
than  the  thickness  required  for  a new  wall,  corresponding 
with  the  total  height  of  the  wall  when  so  increased  in  height. 
The  said  lining  shall  be  supported  on  proper  foundation  and 
carried  up  to  such  height  as  the  Building  Inspector  may 
require.  No  lining  shall  be  less  than  eight  (8)  inches  in 
thickness,  and  all  lining  shall  be  laid  up  in  cement  mortar, 
and  thoroughly  anchored  to  the  old  brick  walls  with  suitable 
wrought -iron  anchors,  placed  two  feet  apart,  and  properly 
fastened  or  driven  into  the  old  walls  in  rows,  alternating 
vertically  and  horizontally  with  each  other  the  old  walls 
being  first  cleaned  of  plaster  and  other  coatings  where  any 
lining  is  to  be  built  against  the  same.  In  all  cases  where 
there  is  such  increase  of  walls  a new  foundation  shall  be  built, 
in  such  manner  as  to  carry  jointly  both  the  new  and  old 
walls,  and  the  soil  under  such  foundations  shall  not  be  loaded 
beyond  the  limits  elsewhere  herein  specified.  This  section 
shall  not  be  construed  to  prohibit  the  raising  of  the  party 
walls  in  dwellings  an  additional  story,  if  upon  inspection 
the  walls  are  found  good,  and  the  load  on  the  brickwork  is 
within  the  maximum  elsewhere  herein  specified. 


132 


Code  of  Ordinances. 


RECESSES  IN  WALLS. 

§ 50.  No  recess  shall  be  made  in  any  wall  more  than 
one-third  of  its  thickness.  Recesses  for  alcoves  shall  not 
exceed  eight  (8)  feet  in  width  and  shall  be  arched  over  and 
not  carried  up  higher  than  eighteen  (18)  inches  below  the 
floor  next  above.  The  aggregate  area  of  recesses  in  any 
wall  shall  not  exceed  one-fourth  of  the  whole  area  of  the 
face  of  the  wall  on  any  story,  nor  shall  any  such  recesses  be 
made  within  a distance  of  five  (5)  feet  of  any  other  one  in 
the  same  wrall. 

WALLS  FACED  WITH  STONE  ASHLAR. 

§51.  If  there  be  stone  ashlar  used  for  the  facing  of  any 
building,  the  said  stone  ashlar,  if  three  inches  thick  or  less, 
shall  not  be  reckoned  in  the  thickness  of  the  wall.  All  stone 
used  for  the  facing  of  any  building,  except  where  built  of 
alternate  headers  and  stretchers,  shall  be  strongly  anchored 
with  iron  anchors,  set  in  each  stone  at  least  one  (1)  inch. 

LINTELS  AND  ARCHES  OVER  OPENINGS  IN  WALLS. 

§ 52.  Openings  for  doors  and  windows  in  all  buildings’ 
except  as  otherwise  provided,  shall  have  good  and  sufficient 
arches  stone,  brick  or  terra-cotta,  well-built  and  keyed,  with 
good  and  sufficient  abutments.  For  lintels  alone,  iron  or 
reinforced  concrete  of  sufficient  strength  may  be  used.  No 
lintels  shall  have  a bearing  of  less  than  four  (4)  inches  on 
the  walls,  and  on  the  inside  of  all  openings  six  (6)  feet  or 
less  in  width,  in  which  the  lintels  shall  be  less  than  the 
thickness  of  the  wall  to  be  supported,  there  shall  be  a good 
and  proper  size  timber  lintel,  which  shall  rest  at  each  end 
not  less  than  four  (4)  inches  on  the  wall,  and  shall  be  bevelled 
on  each  end,  and  shall  have  at  least  an  eight  (8)  inch  arch 
turned  over  the  same  when  practicable.  Openings  over  six 
(6)  feet  and  less  than  eight  (8)  feet  in  width  shall  have  the 
inside  lintel  of  iron  or  steel. 


Code  of  Ordinances. 


133 


IRON  OR  STEEL  BEAMS  AS  LINTELS. 

§ 53.  All  iron  or  steel  beams  or  girders  used  as  lintels 
to  span  openings  eight  (8)  feet  or  over  in  width  and  not  ex- 
ceeding twelve  (12)  feet,  upon  which  a wall  rests,  shall  have 
a bearing  of  at  least  eight  (8)  inches  at  each  end  by  the 
thickness  of  the  wall  supported.  For  openings  over  twelve 
(12)  feet  the  bearing  shall  be  at  least  twelve  (12)  inches. 
When  the  lintels  or  girders  are  supported  at  the  ends  by 
brick  walls  or  piers,  they  shall  rest  upon  cut  blue  stone  or 
other  stone  blocks  of  equal  strength,  or  cast-iron  plates  of 
equal  strength  may  be  used.  If  the  opening  is  twelve  (12) 
feet  or  less  the  stone  block  shall  not  be  less  than  eight  (8) 
inches  thick  and  shall  be  proportionately  increased  when 
the  opening  is  more  than  twelve  (12)  feet.  All  blocks  or 
plates  used  shall  be  the  full  size  of  the  bearings.  In  al] 
cases  the  bearings  shall  be  sufficient  to  support  the  weight 
placed  upon  it  with  safety.  All  iron  or  steel  beams  or 
girders  used  in  any  building  shall  be  throughout  not  less  in 
width  than  the  thickness  of  the  wall  to  be  supported. 

LIGHT  AND  VENT  SHAFTS. 

§ 54.  In  every  building  hereafter  erected  or  altered 
other  than  a frame  building  all  the  walls  or  partitions  forming 
interior  light  or  vent  shafts,  shall  be  built  of  brick,  except 
in  non-fireproof  buildings,  when  the  area  of  any  such  shafts 
does  not  exceed  thirty  (30)  square  feet,  the  inclosing  walls 
or  partitions  may  be  frame,  but  must  be  covered  on  the 
shaft  side  with  fireproof  materials  of  at  least  three-eighths  of 
an  inch  in  thickness  as  may  be  approved  by  the  Building 
Inspector. 

BRICK  AND  HOLLOW  TILE  PARTITIONS. 

§ 55.  Eight-inch  brick,  and  six-inch  hollow  tile,  and 
four-inch  brick  or  four-inch  hollow  tile  partitions,  of  hard- 
burnt  clay  or  porous  terra-cotta  laid  up  with  cement  mortar, 
may  be  built,  not  exceeding  in  their  vertical  portions  a 
measurement  of  fifty  for  the  eight-inch,  thirty-six  for  the 


134 


Code  of  Ordinances. 


six-inch  and  twenty-four  feet  for  the  four-inch,  respectively, 
and  in  their  horizontal  measurement  a length  not  exceeding 
seventy-five  feet,  unless  said  partition  walls  are  strengthened 
by  proper  crosswalls,  piers  or  buttresses,  or  -built  in  iron  or 
steel  framework  when  the  latter  is  imbedded  in  and  encased 
by  the  same  material  of  which  the  partition  is  constructed. 

All  such  partitions  shall  be  carried  on  proper  founda- 
tions, or  on  iron  or  steel  girders  or  on  iron  or  steel  girders 
and  columns,  properly  insulated,  or  piers  of  masonry. 

MAIN  STUD  PARTITIONS. 

§ 56.  In  buildings  where  fore  and  aft  stud  partitions 
rest  directly  over  each  other,  they  shall  run  down  between 
the  wood  floor  beams  and  rest  on  the  top  plate  of  the  parti- 
tion below,  and  shall  be  constructed  of  not  less  than  two  by 
four  studding. 

TIMBER  IN  WALLS  PROHIBITED. 

§ 57.  No  timber  shall  be  used  in  any  wall  of  any 
building  where  stone,  brick,  cement,  concrete  or  iron  are 
commonly  used,  except  inside  lintels,  as  herein  provided,  and 
brace  blocks  not  more  than  sixteen  inches  in  length. 


TITLE  VII. 

VAULTS  AND  AREAWAYS. 

VAULTS  UNDER  SIDEWALKS. 

§ 58.  In  buildings  where  the  space  under  the  sidewalk 
is  utilized,  a sufficient  stone  or  brick  wall,  or  brick  arches 
between  iron  or  steel  beams,  shall  be  built  to  retain  the 
roadway  of  the  street,  and  the  side,  end  or  party  walls  of 
such  buildings  shall  extend  under  the  sidewalk,  of  sufficient 
thickness,  to  such  wall. 

The  roofs  of  all  vaults  shall  be  of  incombustible  material. 


Code  of  Ordinances. 


135 


Openings  in  the  roofs  of  vaults  for  the  admission  of  coal 
or  light,  or  for  manholes,  or  for  any  other  purposes,  if  placed 
outside  the  street  line,  shall  be  covered  with  glass  set  in  iron 
frames,  each  unit  of  glass  to  measure  not  more  than  sixteen 
square  inches,  or  with  iron  covers  having  a rough  surface, 
and  rabbeted  into  or  made  flush  with  the  sidewalk. 

AREAWAYS. 

§ 59.  All  areaways  shall  be  properly  protected  with 
suitable  railings,  or  be  covered  over. 

When  areaways  are  covered  over,  iron,  or  iron  and  glass 
combined,  stone  or  other  incombustible  materials  shall  be 
used,  and  be  supported  on  brick  or  stone  walls,  or  on  iron 
or  steel  beams. 


TITLE  VIII. 

WOOD  BEAMS,  GIRDERS  AND  COLUMNS. 
WOOD  BEAMS. 

§ 60.  In  no  building  shall  any  wooden  girders,  joists  or 
timbers  be  placed  nearer  than  four  (4)  inches  of  the  outside 
of  any  smoke,  hot  air  or  other  flue;  and  all  joists  or  other 
timbers  in  the  party  walls  of  any  buildings  hereafter  erected 
whether  built  of  stone,  brick  or  iron,  shall  be  separated  from 
the  joists  or  timbers  entering  into  the  opposite  side  of  the 
wall  by  at  least  four  (4)  inches  of  solid  mason  work.  Every 
header  over  four  feet  long  shall  be  hung  in  wrought  or  malle- 
able iron  stirrups  of  suitable  dimensions.  No  wooden  floor 
joists  or  roof  rafters  used  in  any  building  shall  be  of  less 
thickness  than  two  (2)  inches.  Each  tier  of  joists  shall  be 
anchored  to  the  bearing  walls,  at  intervals  of  not  more  than 
six  (6)  feet,  with  good,  strong,  wrought-iron  anchors.  Where 
the  joists  are  supported  by  girders,  the  girders  shall  be 
anchored  to  the  walls.  The  ends  of  joists  resting  upon 
girders,  if  butted  together  end  to  end,  shall  be  strapped  with 
wrought-iron  straps  at  the  same  joist  that  is  anchored  to 


136 


Code  of  Ordinances. 


the  wall,  or  they  may  lap  each  other  and  be  thoroughly 
spiked  or  bolted  together.  Where  joists  are  hung  in  iron 
stirrups  from  the  girders  they  must  be  strapped  as  before 
described.  All  floor  joists  shall  be  properly  bridged.  All 
headers  over  four  (4)  feet  long  and  all  trimmer  beams  sup- 
porting same  shall  be  at  least  four  (4)  inches  thick.  All 
beams  resting  in  brick  walls,  or  walls  constructed  of  non- 
combustible material  must  be  kept  with  a three  (3)  inch 
bevel.  All  joists  that  are  used  must  be  sound  and  well- 
seasoned.  No  floor  joists  shall  be  blocked  up  or  levelled  on 
more  than  one  dry  course  of  brick.  Every  wood  beam 
resting  on  a wall  or  girder  shall  have  at  least  four  (4)  inches 
bearing  on  same. 

In  no  case  shall  either  end  of  a floor  or  roof  beam  be 
supported  on  stud  partitions,  except  in  frame  buildings,  or 
private  dwelling  houses. 

No  gas,  water  or  other  pipes  which  may  be  introduced 
into  any  building  shall  be  let  into  wood  beams  unless  the 
same  be  placed  within  thirty-six  inches  of  the  end  of  the 
beams ; and  in  no  building  shall  the  said  pipes  be  let  into 
any  beam  more  than  two  inches  of  its  depth. 

PIER  ANCHORS. 

§ 61.  Every  pier  and  wall,  front  or  rear,  shall  be  well 
anchored  to  the  beams  of  each  story,  with  the  same  size 
anchors  as  are  required  for  side  walls,  which  anchors  shall 
hook  over  the  fourth  beam. 

WOOD  COLUMNS  AND  PLATES. 

§ 62.  All  timber  columns  and  posts  shall  be  squared  at 
the  ends  at  right  angles  to  their  axes. 

To  prevent  the  unit  stresses  from  exceeding  those  fixed 
in  this  Code,  timber  or  iron  or  steel  cap  and  base  plates 
shall  be  provided. 

TIMBER  FOR  TRUSSES. 

§ 63.  When  compression  members  of  trusses  are  of 
timber  they  shall  be  strained  in  the  direction  of  the  fibre  only. 


Code  of  Ordinances. 


137 


When  timber  is  strained  in  tension,  it  shall  be  strained 
in  the  direction  of  the  fibre  only. 

The  working  stress  in  timber  struts  of  pin-connected 
trusses  shall  not  exceed  75  per  cent,  of  the  working  stresses 
established  in  this  Code. 

§ 64.  All  bolts  used  in  connection  with  timber  and  wood 
beam  work  shall  be  provided  with  washers  of  such  propor- 
tions as  will  reduce  the  compression  on  the  wood  at  the  face 
of  the  washer  to  that  allowed  in  this  Code,  supposing  the  bolt 
to  be  strained  to  its  limit. 


TITLE  IX. 

CHIMNEY  FLUES,  FIREPLACES  AND  HEATING 

PIPES. 

§ 65.  In  buildings  hereafter  erected,  altered  or  repaired, 
all  chimneys  shall  be  built  of  brick,  stone  or  other  incom- 
bustible material.  Brick  chimneys  shall  have  walls  at  least 
eight  (8)  inches  thick,  unless  terra-cotta  flue  linings  are  used, 
in  which  case  four  (4)  inches  of  brickwork  may  be  omitted, 
and  all  flue  linings  must  be  carried  at  least  two  (2)  feet  above 
roof. 

All  chimneys  shall  be  bonded  to  the  walls  at  every 
course  from  the  bottom  to  the  top.  The  inside  of  all  brick 
flues  shall  be  built  of  hard  brick  and  have  struck  joints, 
except  when  lined  with  terra-cotta.  All  chimneys  shall  be 
topped  out  at  least  four  (4)  feet  above  the  roof.  No  flue 
shall  be  less  than  forty-eight  square  inches  when  used  as  a 
smoke  flue. 

No  chimney  in  any  building  already  erected  or  hereafter 
to  be  built,  shall  be  cut  off  below,  in  whole  or  in  part,  and 
supported  by  wood,  but  shall  be  wholly  supported  by  stone, 
brick  or  iron,  and  all  chimneys  in  any  building  already  erected 
or  hereafter  to  be  erected,  which  shall  be  dangerous  in  any 
manner  whatever,  shall  be  repaired  and  made  safe  or  taken 
down. 


138 


Code  of  Ordinances. 


. § 66.  All  hearths  shall  be  supported  by  trimmer  arches 
of  brick,  stone,  iron  or  concrete.  The  brick  jambs  of  every 
fire-place  or  grate  opening  shall  be  at  least  eight  (8)  inches 
each  in  width,  and  the  backs  of  such  openings  shall  be  at 
least  eight  (8)  inches  thick.  All  hearths  and  trimmer  arches 
shall  be  at  least  eight  (8)  inches  longer  on  either  side  than 
the  width  of  such  openings,  and  at  least  twenty  (20)  inches 
wide  in  front  of  the  chimney  breast.  Brickwork  over  fire- 
places and  grate  openings  shall  be  supported  by  iron  bars, 
or  brick  or  stone  arches.  All  brick-set  or  portable  ranges 
shall  be  set  on.  hearths  of  brick,  slate,  cement  or  other  in- 
combustible material;  the  said  hearths  to  extend  at  least 
twelve  (12)  inches  beyond  the  face  of  the  range. 

§ 67.  No  stove-pipe  in  any  building  with  combustlbie 
floors  and  ceiling  shall  hereafter  enter  any  flue  nearer  than 
eighteen  (18)  inches  from  the  floor  or  ceiling,  and  in  all  cases 
when  smoke-pipes  pass  through  the  stud  or  wooden  partitions, 
floor  or  roof,  whether  plastered  or  not,  they  shall  be  guarded 
by  either  a double  collar  of  metal,  with  at  least  two  (2) 
inches  of  air  space  all  round  and  holes  for  circulation  of  air, 
or  by  a soapstone  ring  or  solid  casting  of  plaster  of  paris, 
not  less  than  three  (3)  inches  in  thickness,  and  extending 
through  the  partition,  or  by  an  earthenware  ring,  one  (1) 
inch  from  the  pipe  at  every  point. 

In  all  cases  other  than  in  fire-proof  rooms  where  steam 
or  hot  water  boilers,  or  hot  air  or  other  furnaces  are  used, 
the  tops  of  same  and  the  smoke-pipes  leading  therefrom  shall 
be  at  least  eighteen  (18)  inches  below  joists  or  ceiling  above 
same,  unless  said  joists  or  ceiling  shall  be  properly  protected 
by  a shield  of  metal  suspended  above  said  boilers,  furnaces 
and  pipes,  with  at  least  3 inches  of  space  for  the  free  circula- 
tion of  air  below  and  above  said  shield  in  which  case  the  said 
boilers,  furnaces  or  pipes  shall  be  kept  at  least  8 inches  from 
the  aforesaid  joists  or  ceiling.  The  metal  shield  called  for 
above  shall  extend  one  (1)  foot  outside  of  boilers  or  furnaces 
in  all  directions. 


Code  of  Ordinances. 


139 


TITLE  X. 

STAIRS,  ENTRANCES  AND  FIRE  ESCAPES. 

§ 68.  Every  dwelling-house  arranged  for  or  occupied  by 
two  or  more  families  above  the  first  story,  hereafter  erected, 
shall  be  provided  with  an  entrance  to  the  basement  thereof 
from  the  outside  of  such  building. 

§ 69.  All  buildings  hereafter  erected  or  altered  to  be 
used  as  a school  house,  hospital,  asylum,  hotel,  apartment  or 
tenement  house,  office  building,  store,  manufactory,  or  work- 
shop, or  place  of  assembly  or  resort,  shall  have  such  number 
of  good  and  sufficient  stairways,  or  other  means  of  egress,  as 
shall  be  determined  by  the  Building  Inspector.  Stores  in 
which  any  of  the  stories  above  the  second  have  a clear  floor 
space  of  four  thousand  (4,000)  square  feet,  and  manufactories 
three  or  more  stories  in  height,  of  the  floor  area  per  story  of 
three  thousand  (3,000)  square  feet,  shall  have  stairway  com- 
pletely inclosed  with  brick  walls  or  such  other  fire-proof 
materials  as  shall  be  accepted  .by  the  Building  Inspector. 
Should  the  floor  area  of  any  story  above  the  second,  in  said 
stores  or  manufactories,  exceed  ten  thousand  (10,000)  square 
feet,  the  Building  Inspector  may  require  one  or  more  ad- 
ditional stairways. 

§ 70.  All  stairs  for  fire-proof  buildings  must  be  made 
of  iron,  concrete  or  other  fire-proof  material.  Slate,  marble 
and  other  stone  may  be  used  as  treads. 

§71.  Wherever  a wall  or  ceiling  is  covered  with  a wood 
sheathing  or  wainscoting  the  surface  of  the  wall  or  ceiling 
behind  same  shall  be  plastered  flush  with  the  grounds  and 
down  to  the  floor  line. 

§ 72.  Every  apartment  house,  tenement  house  or  dwell- 
ing house  occupied  by  or  built  to  be  occupied  by  three  or 
more  families, 

And  every  building  already  erected,  or  may  hereafter  be 
erected,  more  than  three  stories  in  height,  occupied  and  used 
as  a hotel,  apartment  hotel  or  lodging  house,  and  every 


140 


Code  of  Ordinances 


boarding  house,  having  more  than  fifteen  sleeping  rooms 
above  the  basement  story, 

And  every  building  three  stories  or  over  in  height,  in- 
tended or  designed  for,  or  occupied  by  or  used,  or  built  to  be 
occupied  by  or  used  partly  as  a store  or  stores,  shop  or  shops, 
and  partly  as  a private  dwelling, 

And  every  factory,  mill,  manufactory  or  workshop,  hos- 
pital, asylum  or  institution  for  the  care  or  treatment  of  in- 
dividuals, 

And  every  building  three  stories  and  over  in  height  used 
or  occupied  as  a store  or  workshop, 

And  every  building  in  whole  or  in  part  occupied  or  used 
as  a school  or  place  of  instruction  or  assembly, 

And  every  office  building  four  stories  or  more-  in  height, 

Shall  be  provided  with  such  good  and  sufficient  fire- 
escapes,  stairways,  or  other  means  of  egress  in  case  of  fire  as 
shall  be  directed  by  the  Building  Inspector. 

The  owner  or  owners  of  any  building  upon  which  a fire- 
escape  is  erected  shall  keep  the  same  in  good  repair  and 
properly  painted. 

Fire-escapes  may  project  into  the  public  highway  to  a 
distance  not  greater  than  four  feet  beyond  the  building  line. 

The  stairways  shall  be  placed  at  an  angle  of  not  more 
than  sixty  degrees,  with  steps  not  less  than  six  inches  in 
width  and  twenty  inches  in  length,  and  with  a rise  of  not  more 
than  nine  inches. 

The  balcony  on  the  top  floor,  except  in  case  of  a front 
fire-escape,  shall  be  provided  with  a goose-neck  ladder  lead- 
ing from  said  balcony  to  and  above  the  roof. 


TITLE  XI. 

SKYLIGHT  AND  FLOOR  LIGHTS. 

§ 73.  The  term  “ skylight  ” shall  be  taken  to  mean 
and  include  flat,  hipped,  lantern,  monitor,  turret,  dome,  ver- 
tical or  pitched  saw-tooth  constructions,  and  all  other  covers 
placed  over  openings  on  roofs  for  the  admission  of  light. 


Code  of  Ordinances. 


141 


All  skylights  placed  on  or  in  any  building  shall  have 
the  frames  and  sash  thereof  constructed  of  metal  and  glazed. 

§ 74.  Sky-lights  for  fire-proof  buildings  must  be  glazed 
with  glass  not  less  than  one-half  inch  thick  or  wired  glass 
not  less  than  one-quarter  inch  thick. 

§ 75.  Skylights  hereafter  placed  in  buildings  of  a public 
character  over  any  passageway  or  room  of  public  resort,, 
shall  have  immediately  underneath  the  glass  thereof  a wire 
netting,  unless  wired  glass  is  used. 

§ 76.  All  openings  in  floors  for  transmission  of  light  to 
floors  below  shall  be  covered  over  with  floor  lights  constructed 
of  metal  frames  and  bars,  the  glass  in  no  case  to  be  less  than 
three-quarters  of  an  inch  in  thickness. 

If  any  glass  in  same  measures  more  than  sixteen  square 
inches,  the  glass  shall  be  provided  with  strong  wire  netting 
under  the  same. 

§ 77.  No  opening  in  any  floor  or  roof  shall  be  without 
a solid  covering  or  an  inclosure,  to  prevent  the  communica- 
tion of  fire  from  story  to  story. 


TITLE  XII. 

INCLOSURE  AND  SHED  COVERINGS  FOR  THE  PRO- 
TECTION OF  PEDESTRIANS— PROTECTION  OF 
PERSONS  EMPLOYED  ON  BUILDING.— 

SHED  COVERINGS. 

§ 78.  Whenever  buildings  in  the  business  section  of  the 
city  shall  be  erected  or  altered,  upon  or  along  any  street,, 
when  deemed  necessary  and  so  ordered  by  the  Building  In- 
spector, the  owner,  builder  or  contractor  constructing  or  re- 
pairing such  buildings,  shall  have  erected  and  maintained 
during  such  construction  or  repair,  a shed  over  the  sidewalk 
in  front  of  said  premises,  extending  from  building  line  to 
curb,  the  same  to  be  properly,  strongly  and  tightly  construct- 
ed, so  as  to  protect  pedestrians  and  others  using  such  streets. 


142 


Code  of  Ordinances. 


§ 79.  Whenever  outside  scaffolds  are  required  to  carry 
on  the  construction  of  buildings  upon  or  along  a street  front, 
the  flooring  of  same  must  be  made  tight  of  plank  and  the 
outside  edge  protected  in  such  a manner  as  to  prevent  ma- 
terials from  falling  to  street  below. 

§ 80.  If  the  walls  of  such  buildings  are  carried  up  two 
stories  or  more  above  the  roofs  of  adjoining  buildings,  proper 
means  shall  be  provided  and  used  for  the  protection  of  sky- 
lights and  roofs  of  such  adjoining  buildings. 

The  protection  over  skylights  shall  be  of  stout  wire  net- 
ting not  over  one-inch  mesh  on  stout  timbers  and  properly 
secured. 

§ 81.  Should  said  adjoining  owner,  tenant  or  lessee 
refuse  to  grant  permission  to  have  said  roofs  and  skylights 
so  protected,  such  refusal  by  said  owner,  tenant  or  lessee 
shall  relieve  the  owner  of  the  building  in  course  of  construc- 
tion from  any  responsibility  for  damage  done  .to  person  or 
property  on  or  within  the  premises  affected. 

§ 82.  Should  such  inclosure  or  protection  not  be  so 
erected,  the  Building  Inspector  shall  issue  a notice  to  be 
served  personally  upon  the  owner,  or  authorized  agent,  con- 
structing or  repairing  such  buildings,  or  the  owner,  tenant 
or  lessee  of  adjoining  premises  requiring  such  inclosure  or 
protection,  as  provided  in  this  Code,  specifying  the  manner 
in  which  same  shall  be  erected. 

§ 83.  And  if  such  inclosures  or  protections  are  not 
erected,  strengthened  or  modified  as  provided  in  such  notice 
within  three  days  after  the  service  thereof,  the  said  Building 
Inspector  shall  have  full  power  and  authority  to  cause  such 
inclosure  to  be  erected  on  the  fronts  and  roofs  and  the  sky- 
lights protected. 

And  all  expenses  connected  with  same  may  become  a 
lien  on  the  property  in  interest  so  inclosed  and  protected. 

§ 84.  All  contractors  and  owners,  when  constructing 
buildings  where  the  floors  or  filling  in  between  the  floor 
beams  thereof  are  of  fire-proof  material  or  brickwork,  shall 
complete  the  flooring  or  filling  in  as  the  building  progresses, 


Code  of  Ordinances. 


143 


to  not  less  than  within  three  tiers  of  beams  below  that  on 
which  the  iron  work  is  being  erected. 

If  such  buildings  do  not  require  filling  in  between  the 
beams  of  floors  with  brick  or  other  fire-proof  material,  all 
contractors  for  carpenter  work,  or  the  owners  of  the  buildings 
in  the  course  of  construction,  shall  lay  the  under  flooring 
thereof  on  each  story  as  the  building  progresses,  to  not  less 
than  within  two  stories  below  the  one  to  which  such  building 
has  been  erected.  When  double  floors  are  not  to  be  used, 
such  contractor,  or  the  owner,  shall  keep  planked  over  such 
portion  of  the  floor  beam  as  may  be  necessary  for  proper 
protection. 

In  all  buildings  over  five  stories  in  height  if  the  floor 
beams  are  of  iron  or  steel  the  contractor  for  the  iron  or  steel 
work  of  buildings  in  course  of  construction,  or  the  owners  of 
such  buildings,  shall  thoroughly  plank  over  the  entire  tier  of 
iron  or  steel  beams  on  which  the  structural  iron  or  steel 
work  is  being  erected,  except  such  spaces  as  may  be  reason- 
ably required  for  the  proper  construction  of  such  iron  or  steel 
work,  and  for  the  raising  or  lowering  of  materials  to  be  used 
in  the  construction  of  such  buildings,  or  such  spaces  as  may 
be  designated  by  the  plans  and  specifications  for  stairways 
and  elevator  shafts. 


TITLE  XIII. 

MISCELLANEOUS  BUILDINGS. 


§ 85.  Nothing  in  this  Code  shall  be  so  construed  as  to 
apply  to  or  prevent  the  erection  of  what  are  known  as  grain 
elevators,  as  usually  constructed,  provided  they  are  erected 
in  isolated  localities  and  under  such  conditions  as  the  Build- 
ing Inspector  may  prescribe,  including  location. 

Nor  to  apply  to  or  prevent  the  erection  of  coal  pockets 
or  coal  elevators  as  usually  constructed  under  similar  con- 
ditions, including  location. 

§ 86.  Buildings  to  be  used  exclusively  for  the  storage 
of  ice  may  be  erected  in  isolated  localities  and  constructed 


144 


Code  of  Ordinances. 


of  such  materials  and  under  such  conditions  as  the  Building 
Inspector  may  prescribe. 

§ 87.  Sheds  or  buildings  on  piers  or  wharves  or  on  the 
water-front  within  the  fire  limits  shall  be  of  iron  or  other 
incombustible  materials,  and  in  all  cases  shall  be  constructed 
in  such  manner  and  under  such  conditions  as  the  Building 
Inspector  may  prescribe. 

§ 88.  Buildings  for  fair  and  exhibition  purposes,  towers 
for  observation  purposes  and  structures  for  similar  uses, 
whether  temporary  or  permanent  in  character,  shall  be  con- 
structed in  such  manner  and  under  such  conditions  as  the 
Building  Inspector  may  prescribe. 

§ 89.  All  smoke  houses  shall  be  of  fireproof  construc- 
tion, with  brick  walls,  iron  doors  and  brick  or  metal  roof. 

An  iron  guard  shall  be  placed  over  and  not  less  than  three 
feet  above  the  fire,  and  the  hanging  rails  shall  be  of  iron,  and 
an  iron  grating  shall  be  placed  under  the  first  row  of  hanging 
rails,  and  be  not  less  than  eight  feet  above  the  floor  of  the 
fire-pit. 

The  walls  of  all  smoke  houses  shall  be  built  at  least  three 
feet  higher  than  the  roof  of  the  building  in  which  they  are 
located,  and  shall  be  not  less  than  twelve  inches  and  be 
coped  with  stone  or  its  equivalent. 


TITLE  XIV. 

HEATING  APPARATUS  AND  DRYING  ROOMS. 

§ 90.  A brick-set  boiler  shall  not  be  placed  on  any 
wood  or  combustible  floor  or  beams. 

All  hot  air  registers  set  in  the  floor  of  any  building  shall 
be  set  in  a border  of  soapstone  or  other  fireproof  material, 
and  all  floor  or  register  boxes  to  be  made  of  sheet -metal  with 
flange  on  top  to  fit  the  groove  in  the  border,  the  register  to 
rest  upon  the  same,  and  there  shall  also  be  an  open  space  of 
two  (2)  inches  on  all  sides  of  the  register  box,  extending  from 
the  under  side  of  the  ceiling  to  the  border  of  the  floor,  the 


Code  of  Ordinances. 


145 


outside  of  the  space  to  be  covered  with  a casing  of  metal 
made  tight  on  all  sides,  and  to  extend  from  the  under  side 
of  the  aforesaid  ceiling  up  to  and  turn  under  the  said  border. 
No  tin  or  metal  flue  or  flues,  pipe  or  pipes,  or  register  box 
or  boxes  of  a single  thickness  of  metal,  used  and  intended  to 
convey  heated  air  in  any  building  hereafter  to  be  built, 
altered  or  repaired,  shall  be  allowed  unless  the  same  be  built 
in  a wall  of  brick  or  stone. 

In  all  other  cases,  the  said  flue  or  flues,  pipe  or  pipes, 
register  box  or  boxes,  shall  be  made  double ; that  is,  two  pipes, 
one  inside  the  other,  at  least  one-half  {%)  inch  apart,  or 
covered  with  wire  lathing,  and  the  studding  covered  with 
tin  or  other  fire-proof  material,  so  as  to  be  thoroughly  fire- 
proof: Provided,  that  it  shall  not  apply  to  pipes  leading 
from  a heater  to  the  hot  air  flue.  No  wood  furring  or  lath 
shall  be  placed  against  any  metal  pipe  or  pipes,  used  to  con- 
vey heated  air  or  steam  in  any  building.  No  permanent  or 
stationary  heating  apparatus  or  portable  boilers  of  any  kind 
whatever  shall  be  introduced  in  any  building  now  erected 
without  a permit  from  the  Building  Inspector. 

The  above  section  does  not  apply  to  registers  and  pipes 
of  indirect  radiation. 

§ 91.  All  walls,  ceiling  and  partitions  inclosing  drying 
rooms  shall  be  made  of  fire-proof  material. 


TITLE  XV. 

ROOFS,  CORNICES,  GUTTERS,  BULKHEADS,  SCUT- 
TLES AND  BAY  WINDOWS. 

§ 92.  If  a mansard  or  other  roof  of  like  character, 
having  a pitch  of  over  sixty  degrees,  be  placed  on  any  build- 
ing within  the  fire  limits  it  shall  be  constructed  of  fire-proof 
material  and  be  considered  as  a story  of  the  building. 

§ 93.  The  planking  and  sheathing  of  the  roof  of  every 
building  hereafter  to  be  erected  or  altered  shall  in  no  case 
be  extended  across  a party  wall.  All  roofs  and  dormer  win- 


146 


Code  of  Ordinances. 


dows  inside  the  fire  limits  shall  be  covered  with  slate,  zinc, 
tin,  iron,  copper,  or  such  other  equally  good  fire-proof  ma- 
terial as  the  Building  Inspector  may  authorize. 

§ 94.  All  exterior  cornices  and  gutters  hereafter  erected 
within  the  fire  limits  shall  be  of  some  fire-proof  material.  In 
all  cases  the  walls  shall  be  carried  up  to  the  under  side  of  the 
roof  planking  and  where  the  cornice  projects  above  the  roof, 
the  wall  shall  be  carried  up  to  the  top  of  the  cornice.  The 
cornice  on  every  building  shall  be  separated  from  the  cornice 
on  an  adjoining  building  by  having  the  party  wall  corbelled 
out  at  least  two  (2)  inches  beyond  all  projections,  or  by 
such  other  fire  stop  as  shall  be  approved  by  the  Building 
Inspector. 

§ 95.  Bulkheads  used  as  inclosures  for  tanks  and  ele- 
vators, and  coverings  for  the  machinery  of  elevators  and  all 
other  bulkheads ; and  scuttles  on  all  buildings  within  the  fire 
limits  shall  be  covered  with  fire-proof  material  as  may  be 
approved  by  the  Building  Inspector. 

§ 96.  All  bay  windows  erected  on  buildings  within  the 
fire  limits  must  be  covered  on  the  outside  with  fire-proof 
material  as  may  be  approved  by  the  Building  Inspector. 

Where  a brick  wall  is  cut  for  a bay  window,  steel  beams 
of  sufficient  strength  to  carry  the  load  to  be  imposed  or  for 
necessary  bracing  shall  be  built  across  such  opening  at  each 
story  and  securely  anchored  to  the  walls  and  piers. 


TITLE  XVI. 

FIRE-PROOF  BUILDINGS. 


§ 97.  Every  building  hereafter  erected  or  altered  to  be 
used  as  a school,  theatre,  hospital,  asylum,  institution  for 
the  use,  care  or  treatment  of  persons,  the  height  of  which  ex- 
ceeds three  stories,  and  every  building  hereafter  erected  or 
altered,  the  height  of  which  exceeds  six  stories,  or  seventy- 
two  (72)  feet,  shall  be  of  fire-probf  construction. 


Code  of  Ordinances. 


147 


They  shall  be  constructed  with  walls  of  brick,  stone, 
Portland  cement,  concrete,  iron  or  steel  in  which  wood  beams 
or  lintels  shall  not  be  placed,  and  in  which  the  floors  and 
roofs  shall  be  constructed  of  reinforced  concrete  or  with 
rolled  wrought  iron  or  steel  floor  beams  so  arranged  as  to 
spacing  and  length  of  beams  that  the  load  to  be  supported 
by  them,  together  with  the  weights  of  the  materials  used  in 
the  construction  of  the  said  floors,  shall  not  cause  a greater 
deflection  of  the  said  beams  than  one-thirtieth  of  an  inch 
per  foot  of  span  under  the  total  load. 

Between  the  floor  and  roof  beams  shall  be  placed  brick 
arches  springing  from  the  lower  flanges  of  the  steel  beams, 
or  the  spaces  between  the  beams  may  be  filled  with  hollow 
tile  arches  of  hard-burnt  clay  or  porous  terra  cotta,  or 
arches  of  Portland  cement  concrete,  plain  or  reinforced  with 
metal,  or  such  other  fire-proof  composition  may  be  used  as 
the  Building  Inspector  may  approve. 

The  stairs  and  staircase  landings  shall  be  constructed  of 
brick,  stone,  Portland  cement  concrete,  iron  or  steel,  or  a 
combination  of  these  materials. 

No  woodwork  or  other  inflammable  material  shall  be 
used  in  any  of  the  partitions,  furrings  or  ceilings  in  any  such 
fire-proof  buildings,  excepting  for  window  frames  and  sash 
on  the  street  front  and  the  doors,  jambs,  trims  and  casings, 
the  interior  finish  when  filled  solidly  at  the  back  with  fire- 
proof material,  and  the  floor  boards  and  sleepers  directly 
thereunder,  may  be  of  wood,  but  the  space  between  the 
sleepers  shall  be  solidly  filled  with  fire-proof  materials  ex- 
tending up  to  the  under  side  of  the  floor  boards. 

All  outside  window  frames  and  sash,  except  on  street 
front  and  on  sides  and  rear  when  not  within  thirty  feet  of 
the  adjoining  property,  shall  be  of  metal  or  metal-covered 
wood. 

§ 98.  All  hall  partitions  or  permanent  partitions  be- 
tween rooms  in  fire-proof  buildings  shall  be  built  of  fire-proof 
material  and  shall  not  be  started  on  wood  sills,  nor  on  wood 
floor  boards,  but  be  built  upon  the  fire-proof  construction 
of  the  floor  and  extend  to  the  fire-proof  beam  filling  above. 


148 


Code  of  Ordinances. 


§ 99.  All  cast-iron,  wrought-iron  or  rolled-steel  col- 
umns, including  the  lugs  and  brackets  on  same,  used  for 
vertical  supports  in  the  interior  of  any  fire-proof  building, 
or  used  to  support  any  fire-proof  floor,  shall  be  entirely  pro- 
tected with  not  less  than  two  inches  of  hard-burnt  brickwork, 
terra-cotta,  concrete  or  other  fire-proof  material. 

§ 100.  The  exposed  sides  of  wrought-iron  or  rolled-steel 
girders  supporting  walls,  iron  or  steel  floor  beams,  or  support- 
ing floor  arches  or  floors,  shall  be  entirely  incased  with  hard- 
burnt  clay,  porous  terra-cotta,  concrete  or  other  fire-proof 
material  not  less  than  four  inches  in  thickness,  and  the 
bottom  and  top  plates  and  flanges  of  such  girders  shall  have 
not  less  than  two  inches  in  thickness  of  such  insulating 
material. 

The  bottom  and  top  plates  and  flanges  of  all  wrought- 
iron  or  rolled-steel  floor  and  roof  beams,  and  all  exposed  por- 
tions of  such  beams  below  the  abutments  of  floor  arches  or 
filling  between  the  floor  beams  shall  be  entirely  incased  with 
hard-burnt  clay,  porous  terra-cotta,  concrete  or  other  fire- 
proof materials,  such  incasing  material  to  be  not  less  than 
two  inches  in  thickness. 

All  incasing  material  to  be  securely  attached  to  the  gird- 
ers and  beams. 


TITLE  XVII. 

IRON  AND  STEEL  CONSTRUCTION. 

§ 101.  Rolled-iron  or  steel  beams  and  girders  used  to 
support  floors  or  walls  of  buildings  shall  be  so  proportioned 
that  the  loads  which  may  come  upon  them  shall  not  produce 
strains  in  tension  or  compression  of  more  than  the  allowable 
stresses  herein  specified.  No  material  shall  be  used  in  any 
part  of  the  construction  of  less  thickness  than  one-quarter  (y£) 
of  an  inch,  except  for  filling  or  lining  vacant  places.  No  al- 
lowance shall  be  made  for  the  web  in  calculating  the  flange 
section  of  plate  girders.  All  connections  shall  be  arranged 
for  end  connection  angles,  and  all  beams,  where  practicable, 
must  be  connected  to  the  girders  supporting  them  with  the 


Code  of  Ordinances. 


149 


standard  connections,  as  used  by  Pencoyd,  Carnegie,  Phoenix, 
or  other  standard  mills,  and  published  in  their  hand  books. 
Beams  or  girders  whose  length  is  more  than  twenty-five 
times  their  width  must  be  supported  laterally  by  bracing, 
independent  of  the  load  coming  upon  them. 

§ 102.  Webs  of  girders  whose  unsupported  depth  is 
more  than  sixty  times  their  thickness,  must  have  stiffeners 
riveted  on  both  sides  of  the  web  at  points  generally  not 
farther  apart  than  one  and  one-half  times  the  full  depth  of 
the  web-plate,  the  stiffeners  to  be  milled  to  fit  tightly  into 
the  flange  angles  of  the  girders.  At  the  points  of  local  and 
.concentrated  loads  and  at  bearing  points  stiffeners,  as  before 
described,  shall  be  placed  and  shall  be  proportioned  as  posts 
to  transfer  the  loads  at  those  points. 

§ 103.  All  riveted  work  to  be  punched  accurately  with 
holes  one-sixteenth  (1-16)  inch  larger  than  the  rivet,  and  when 
the  pieces  forming  one  built  member  are  put  together  the 
hole  must  be  truly  opposite.  No  drifting  to  distort  the  metal 
will  be  allowed.  All  holes  for  field  rivets  shall  be  accurately 
drilled  to  an  iron  templet  wherever  possible.  All  rivets  shall 
be  so  driven  that  they  will  completely  fill  the  holes.  All 
rivets  shall  be  proportioned  so  that  shearing  strain  per 
square  inch  of  section  shall  not  exceed  eleven  thousand 
(11,000)  pounds  for  steel,  and  nine  thousand  (9,000)  pounds 
for  iron,  and  the  pressure  upon  the  bearing  surface  of  the 
projected  semi-intrados  diameter  thickness  of  the  rivet  shall 
not  exceed  twenty-two  thousand  (22,000)  pounds  per  square 
inch  for  steel,  and  eighteen  thousand  (18,000)  pounds  for 
iron.  For  field  riveting  the  number  thus  found  shall  be  in- 
creased twenty-five  per  centum.  The  pitch  of  rivets  in 
direction  of  the  strain  shall  not  exceed  six  (6)  inches.  All 
connections  in  structural  iron  or  steel  work  shall  be’® made 
with  soft  steel  rivets  or  tight  fitting  bolts. 

§ 104.  Columns  of  wrought  iron  or  steel,  supporting 
walls  and  floors  of  buildings,  shall  be  so  proportioned  that 
the  vertical  loads  which  may  come  upon  them,  including  the 
bending  strain  due  to  wind  pressure,  shall  not  produce  strains 
in  tension  and  compression  of  more  than  thirty  (30)  per 
centum  additional  to  the  allowable  stresses  herein  specified. 


150 


Code  of  Ordinances. 


The  vertical  stresses  on  columns  from  live  load  shall  not  be 
reduced  more  than  that  given  by  formula  herein  specified. 
Abutting  surfaces  to  be  truly  planed  to  even  bearings  through- 
out, and  to  be  spliced  so  as  to  hold  parts  in  proper  position. 
Splices  also  to  be  proportioned  for  the  bending  in  the  columns 
due  to  side  pressure,  so  that  the  strains  on  the  bolts  and 
rivets  shall  not  produce  strains  of  more  than  the  allowable 
stresses  herein  mentioned.  No  column  shall  be  greater  in 
length  than  forty-five  times  its  least  width  or  one  hundred 
and  forty  times  its  least  radius  of  gyration.  Every  column 
shall  rest  upon  a base  plate  properly  secured  to  columns  and 
shall  be  truly  and  squarely  planned,  so  as  to  evenly  dis- 
tribute the  load  over  the  footings.  As  far  as  possible,- 
columns  shall  be  so  designed  as  to  have  all  parts  of  the  column 
accessible  after  erection,  for  the  purpose  of  cleaning  and 
painting. 

§ 105.  In  all  buildings  allowances  shall  be  made  for 
wind  pressure  which  shall  not  be  figured  at  less  than  thirty 
(30)  pounds  per  square  foot  of  elevation,  where  erected  in 
open  spaces  or  on  wharves.  In  high  buildings,  erected  in 
built-up  districts,  the  wind  pressure  shall  not  be  figured  for 
less  than  twenty-five  (25)  pounds  at  tenth  story,  two  and 
one-half  pounds  less  (2%)  on  each  succeeding  lower  story, 
and  two  and  one-half  (2%)  pounds  additional  on  each  succeed- 
ing upper  story  to  a maximum  of  thirty-five  (35)  pounds  at 
fourteenth  story  and  above.  Wind  bracing  may  be  provided 
by  making  the  connection  joint  between  girders  and  columns 
sufficient  for  the  vertical  load  as  well  as  the  bending  due  to 
side  pressure;  or  brackets  may  be  placed  at  this  joint,  pro- 
portioned for  the  side  pressure;  or  diagonal  bracing  may  be 
placed  between  columns,  proportioned  to  transfer  the  shear 
of  the  side  pressure  to  the  footings.  Where  buildings  are 
narrow  and  tall,  so  that  the  overturning  due  to  wind  is  more 
than  the  down  pressure  of  the  unloaded  building,  the  base  of 
column  must  be  anchored  down  to  a sufficient  foundation 
to  counteract  this  upward  strain. 

§ 106.  Cast  iron  columns  shall  be  proportioned  so  that 
the  loads  coming  upon  them  shall  not  produce  strains  greater 
than  the  allowable  stresses  herein  mentioned ; cast  columns  to 


Code  of  Ordinances. 


151 


have  caps  and  bases  truly  square  so  as  to  give  even  bearing, 
and  shall  be  bolted  to  each  succeeding  column,  the  lugs, 
caps  and  bases  to  be  made  of  sufficient  size  to  transmit  the 
strain  coming  upon  them.  They  shall  be  of  tough  gray  iron, 
free  from  all  cracks,  blow  holes,  etc.,  and  concentric  to  outer 
circumference.  In  cast  iron  columns  the  least  thickness 
allowable  shall  be  three-fourths  of  an  inch,  and  there 
shall  be  no  variation  in  thickness,  due  to  shifting  of  core,  of 
more  than  twenty  per  centum.  Cast  iron  columns  shall  not 
be  of  greater  length  than  twenty  times  their  least  diameter. 
All  columns  must  be  drilled  for  inspection.  All  footing  under 
columns  shall  be  proportioned  for  the  weight  coming  upon 
them  so  as  not  to  produce  any  greater  pressure  upon  the 
earth  beneath  them,  as  herein  mentioned. 

§ 107.  All  foundation  under  columns  shall  be  concen- 
trically loaded  and  where  necessary  shall  have  a slip  joint 
connection  with  other  masonry.  Where  beams  are  placed 
under  columns  to  distribute  the  loads,  they  shall  be  pro- 
portioned as  girders  carrying  uniform  load,  within  the  limits 
of  the  allowable  stresses  herein  mentioned. 

§ 108.  All  structural  steel  and  iron  work  to  be  thor- 
oughly cleaned  of  rust  and  dirt  and  covered  with  two  coats 
of  an  approved  paint  mixed  with  linseed  oil ; all  parts  of  the 
structure,  as  far  as  possible,  to  be  so  designed  as  to  be  ac- 
cessible for  painting  after  erection. 


TITLE  XVIII. 

REINFORCED  CONCRETE  OR  CONCRETE-STEEL 
CONSTRUCTED  BUILDINGS. 


§ 109.  The  term  “ reinforced  concrete  ” or  “ concrete- 
steel  ” in  this  section  shall  be  understood  to  mean  a combina- 
tion of  steel  bars,  rods,  etc.,  and  concrete;  the  steel  reinforce- 
ment being  of  such  sections  and  placed  in  such  a way  in  the 
imbedding  concrete  mass  as  to  take  up  all  the  tensile  stresses 
and  to  assist  the  concrete  in  shearing  stresses;  the  concrete 


152 


Code  of  Ordinances. 


shall  take  up  all  the  compression  stresses  and  protect  the  steel 
members  against  the  action  of  fire,  air,  etc. 

§ 1 10.  The  steel  reinforcement  shall  provide  for  all  ten- 
sile stresses  occurring  through  positive  and  negative  bending 
moments ; and  this  shall  be  obtained  especially  by  the  use  of 
straight  and  bent  rods,  the  latter  overlapping  each  other 
over  the  supports,  and  extending  into  the  walls  or  the  ad- 
joining span,  to  such  an  amount  as  to  insure  good  anchorage. 

The  steel  reinforcement  shall  also  provide  for  the  ver- 
tical and  horizontal  shearing  stresses  by  the  use  of  light  iron 
stirrups  embracing  the  tensile  armament. 

All  the  steel  shall  be  protected  by  1 inch  of  concrete  in 
the  floor  slabs  and  inches  in  beams,  girders,  columns  and 
pilasters,  the  distance  being  measured  from  the  outside 
surface  of  the  concrete  to  the  nearest  surface  of  the  steel 
armament. 

In  columns,  the  steel  armament  will  consist  of  either 
vertical  bars  or  horizontal  hoops.  If  vertical  bars  are  used, 
they  shall  be  placed  near  the  surface  of  the  columns  and 
preferably  at  the  corners  of  same  and  shall  be  of  such  number 
and  section  as  to  take  care  of  all  tensile  stress,  occurring 
through  buckling,  and  of  the  compression  stress,  not  taken 
up  by  the  concrete.  These  rods  shall  be  tied  at  convenient 
intervals  not  greater  than  the  smallest  side  of  the  columns. 

If  horizontal  hoops  are  used  care  must  be  taken  to  have 
sufficient  amount  of  vertical  reinforcing  bars  to  take  care  of 
all  the  shearing  stresses  occurring  through  bulging. 

The  owner  shall  state  in  the  application  what  system  of 
construction  he  will  employ. 

§ 111.  The  materials  shall  be  of  the  best  of  their  kind 
obtainable  in  the  locality  where  the  building  will  be  erected. 

The  sand  shall  be  coarse,  sharp,  of  angular  form;  about 
1-3  shall  be  fine.  It  shall  run  from  1-32  inch  to  2-32  inch. 
It  shall  be  free  from  any  loam,  dirt  or  vegetable  matter.  If 
the  sand,  when  washed,  leaves  a residue  of  more  than  3 per 
cent.,  it  shall  not  be  used  unless  thoroughly  washed. 

Instead  of  sand,  stone  dust  might  be  used.  The  stone 
dust  shall  answer  the  specifications  applied  to  the  sand,  as 
to  size  and  cleanliness. 


Code  of  Ordinances. 


153 


The  crushed  stone  or  gravel  shall  be  of  a size  to  go  through 
a 1-inch  mesh  and  be  rejected  by  a X -inch  mesh.  The  mate- 
rial shall  be  traprock  or  other  durable  stone.  It  shall  be 
free  from  dirt,  loam  or  vegetable  matter.  Special  care  must 
be  taken  to  have  the  gravel  cleaned  and  washed. 

The  water  shall  be  clean,  free  from  vegetable  matter, 
loam  or  grease. 

The  steel  shall  be  either  medium  steel  or  high  carbon 
steel.  In  either  case  the  amount  of  phosphorus  shall  be 
less  than  .08.  Medium  steel  shall  answer  the  following 
specifications : 

Ultimate  strength,  60,000  to  65,000  pounds. 

Elongation,  25  per  cent,  on  8 inch  test  piece. 

The  rod  being  bent  cold  90  degrees  on  twice  its  diameter 
shall  not  show  any  crack  on  the  outside  fibers. 

High  carbon  steel  shall  answer  the  following  specifica- 
■ tions : 

Ultimate  strength,  90,000  to  110,000  pounds. 

Elongation,  12  per  cent,  on  8 inch  test  piece. 

The  rod  being  bent  cold  45  degrees  on  twice  its  diameter 
shall  not  show  any  cracks  on  the  outside  fibers. 

No  steel  that  has  been  in  contact  with  grease,  oil  or 
paint  shall  be  used  unless  same  be  entirely  cleansed.  Rods 
scaling  or  pitting  from  rust  shall  not  be  used,  but  a film  of 
red  oxide  of  iron  or  rust  is  entirely  acceptable. 

The  cement  used  shall  be  Portland  cement  of  an  approved 
brand.  It  shall  be  delivered  at  the  building  site  in  original 
packages.  It  shall  be  stored  in  a water-tight  place  and 
special  care  must  be  taken  that  the  floor  of  this  place  be  built 
up  at  least  4 inches  from  the  ground. 

§ 112.  The  contractor  shall  furnish  the  test  certificate 
issued  by  the  chemist  of  the  cement  mill.  At  the  option  of 
the  Building  Inspector  the  cement  shall  be  tested  by  an  ap- 
proved chemist.  Cement  manufactured  by  mills  which  did 
not  run  continuously  for  three  years,  at  least,  shall  not  be 
employed.  The  test  shall  show  that  the  cement  answers 
the  specifications  of  the  American  Society  of  Testing  Mate- 
rials, namely: 

All  tests  shall  be  made  in  accordance  with  the  methods 


154 


Code  of  Ordinances. 


outlined  in  the  progress  report  of  the  special  committee  of 
the  uniform  tests  of  the  American  Society  of  Civil  Engineers. 

§ 113.  Samples  to  be  drawn  from  ten  per  cent,  of  the 
packages  to  be  made  on  the  average  sample  taken.  The 
Building  Inspector  reserves  the  right  to  sample  any  package 
in  the  lot,  and  to  order  a re-test  made  at  any  time. 

§ 114.  The  cement  must  show  less  than  1.75  per  cent, 
sulphuric  anhydride  (So3)  and  less  than  3 . 5 magnesia  (MgO) . 
The  proportion  of  lime  to  silico  (SiO2) shall  be  about  three  to  one. 

The  cement  shall  be  fine  and  free  from  lumps. 

Initial  set  to  be  not  less  than  thirty  minutes.  Final  set 
to  be  not  over  eight  hours.  The  determination  shall  be  made 
with  a “ Vicat  ” needle  apparatus,  from  pats  of  normal 
consistency. 

The  requirements  for  tensile  strength  from  briquettes  one 
square  inch  in  section,  shall  show  a minimum  tensile  strength 
as  follows: 

NEAT  CEMENT. 

One  day  in  air,  6 days  in  water,  500  pounds. 

One  day  in  air,  27  days  in  water,  600  pounds. 

One  part  cement,  three  parts  “ Standard  ” sand: 

One  day  in  air,  6 days  in  water,  150  pounds. 

One  day  in  air,  27  days  in  water,  200  pounds. 

§ 115.  Pats  of  neat  cement  moulded  on  glass  being 
about  # three  inches  in  diameter,  one-half  inch  thick  at  the 
centre",  and  tapering  to  a thin  edge  shall  be  placed  in  moist 
air  for  a period  of  twenty-four  hours. 

(a)  A pat  is  kept  in  air  at  normal  temperature. 

(b)  Another  pat  is  kept  in  water  maintained  as  nearly 
seventy  degrees  Fahrenheit  as  possible. 

(c)  A pat  is  exposed  to  the  action  of  an  atmosphere  of 
steam  and  boiling  water  in  a loosely  closed  vessel  for  five 
hours  and  then  placed  in  boiling  water  for  six  hours. 

These  pats  shall  be  observed  at  intervals  and  to  satis- 
factorily pass  the  requirements  shall  remain  firm  and  hard,  and 
show  no  signs  of  distortion,  checking,  cracking  or  disintegration. 

§ 116.  The  concrete  shall  be  deposited  in  wooden  or 
steel  forms.  These  forms  to  be  strongly  erected.  The 


Code  of  Ordinances. 


155 


boards  shall  be  of  such  thickness  and  supported  in  such  a way 
as  not  to  yield  under  the  load  of  concrete  and  the  effect  of 
tamping. 

§ 117.  The  concrete  shall  be  composed  of  its  volume  of 
one  part  of  cement,  three  parts  of  sand  and  five  parts  of  stone 
and  gravel.  It  is  assumed  that  one  bag  of  cement  measures 
one  cubic  foot.  The  above  proportion  might  be  slightly 
modified  according  to  the  amount  of  voids  in  the  sand  and 
stone  used;  in  any  case  there  will  not  be  less  than  1-10  of  a 
barrel  of  cement  per  cubic  yard  of  concrete  put  in  place. 

The  aggregate  shall  be  measured  in  gauged  boxes  or 
barrows. 

The  concrete  shall  be  mixed  by  machine ; in  certain  cases 
it  might  be  mixed  by  hand  and  then  special  care  must  be 
observed  to  insure  an  absolutely  thorough  mixture.  In  all 
cases  the  mixing  shall  be  such  that  the  concrete  shall  be  of  a 
uniform  color. 

The  amount  of  water  to  be  added  to  the  mixture  shall 
be  such  as  will  produce  what  is  known  as  ‘ ‘ wet  concrete  ’ ’ ; 
that  is,  a concrete  which  will  flow  in  barrows. 

§ 118.  In  placing  the  concrete  it  shall  be  well  worked 
by  tampers,  spades,  rods,  etc.,  and  special  care  must  be  taken 
to  surround  all  armouring  metal  by  concrete.  Care  must  be 
taken  where  the  work  has  been  stopped  in  order  to  join  the 
new  work  to  the  old,  using  a grout  for  a bond  if  necessary. 
No  work  shall  be  stopped  at  the  joining  line  of  slab  and  beam, 
unless  sufficient  rods  or  stirrups  are  placed  to  take  all  the 
horizontal  shear  at  this  point.  Slabs  shall  be  stopped,  when 
necessary,  midway  between  beams,  and  on  resuming  work 
this  joint  must  be  carefully  cleaned  of  loose  concrete  and 
debris. 

When  concrete  is  used  in  the  winter  time  every  means 
shall  be  employed  to  allow  the  first  setting  of  the  same  to 
take  place  in  a temperature  above  freezing;  this  might  be 
obtained  preferably  by  heating  the  materials,  sand,  stone 
and  water.  When  placed,  the  concrete  shall  be  properly 
covered  with  manure  or  hay  and  heated  from  below  by 


156 


Code  of  Ordinances. 


salamanders,  etc.  Should  the  concrete  be  frozen  after  initial 
set  has  taken  place  great  care  must  be  taken  not  to  disturb 
the  centering  in  any  way  to  injure  the  concrete. 

The  placing  of  the  steel  reinforcements  shall  be  done  by 
intelligent  and  competent  men  and  special  care  must  also  be 
taken  to  have  the  steel  at  the  specified  distance  from  the 
outside  surface  of  the  construction  in  order  to  get  the  full 
protection  for  the  steel  against  the  action  of  fire. 

§ 119.  The  forms  shall  not  be  taken  down  before  the 
concrete  has  sufficiently  hardened  so  as  to  have  at  least  two- 
thirds  of  its  ultimate  strength.  Suitable  props  shall  remain 
in  position  until  the  construction  will  not  be  subjected  to 
concentrated  loads. 

§ 120.  If  directed  by  the  Building  Inspector,  tests  shall 
be  made  on  the  materials  and  the  construction.  During  the 
construction  6 inch  cubes  will  be  made  with  the  concrete 
run  of  the  mixer,  used  in  the  construction.  They  will  be 
tested  and  shall  show  a crushing  strength  of  at  least  2,000 
pounds  after  30  days. 

If  directed  by  the  Building  Inspector  the  construction 
when  thoroughly  hardened  shall  be  tested  with  a load  equal 
to  twice  the  live  load  for  which  it  is  designed.  The  Building 
Inspector  will  select  the  beams,  girders  or  slab  which  shall 
be  tested  and  the  load  applied  shall  cover  one  of  these  ele- 
ments of  construction.  Under  twice  the  load,  the  deflection 
shall  not  be  greater  than  1,800  inch  per  running  foot  of  span. 
The  expense  of  making  the  test  shall  be  borne  by  the  owner, 
but  not  more  than  1-20  of  the  surface  shall  be  tested.  If 
any  more  tests  are  required,  the  expense  for  doing  same  will 
be  borne  by  the  City  of  Yonkers,  except  in  cases  of  non- 
successful results  of  the  tests;  then  the  Building  Inspector 
will  require  tests  of  a number  equal  to  the  unsuccessful  tests 
made,  and  should  these  fail  to  give  good  results,  the  owner 
will  be  required  to  strengthen  the  construction  in  such  a 
manner  as  approved  by  the  Building  Inspector. 


Code  of  Ordinances. 


157 


TITLE  XIX. 

FLOOR  LOADS,  TEMPORARY  SUPPORTS,  ETC. 

§ 121.  The  dead  loads  in  all  buildings  shall  consist  of 
the  actual  weight  of  walls,  floors,  roofs,  partitions,  and  all 
permanent  construction. 

The  live  or  variable  loads  shall  consist  of  all  loads  other 
than  dead  loads. 

Every  floor  shall  be  of  sufficient  strength  to  bear  safely 
the  weight  to  be  imposed  thereon  in  addition  to  the  weight 
of  the  materials  of  which  the  floor  is  composed. 

If  to  be  used  as  a dwelling  house,  apartment  house, 
apartment  hotel,  tenement  house,  hotel  or  lodging  house,  each 
floor  shall  be  of  sufficient  strength  in  all  parts  to  bear  safely 
upon  every  superficial  foot  of  its  surface  not  less  than  sixty 
pounds. 

If  to  be  used  for  office  purposes,  not  less  than  seventy- 
five  pounds  upon  every  superficial  foot  above  the  first  floor, 
and  for  the  latter  floor  one  hundred  and  fifty  pounds. 

If  to  be  used  as  a school  or  place  of  instruction,  not  less 
than  seventy-five  pounds  upon  every  superficial  foot. 

If  to  be  used  for  stable  and  carriage  house  purposes,  not 
less  than  seventy-five  pounds  upon  every  superficial  foot. 

If  to  be  used  as  a place  of  public  assembly,  not  less  than 
ninety  pounds  upon  every  superficial  foot. 

If  to  be  used  for  ordinary  stores,  light  manufacturing 
and  light  storage,  not  less  than  one  hundred  and  twenty 
pounds  upon  every  superficial  foot. 

If  to  be  used  as  a store  where  heavy  materials  are  kept 
or  stored,  warehouse,  factory  or  for  any  other  manufacturing 
or  commercial  purpose,  not  less  than  one  hundred  and  fifty 
pounds  upon  every  superficial  foot. 

The  strength  of  factory  floors  intended  to  carry  running 
machinery  shall  be  increased  above  the  minimum  given  in 
this  section  in  proportion  to  the  degree  of  vibratory  impulse 
liable  to  be  transmitted  to  the  floor,  as  may  be  required  by 
the  Building  Inspector. 

The  roofs  of  all  buildings  having  a pitch  of  less  than 


158 


Code  of  Ordinances. 


twenty  degrees  shall  be  proportioned  to  bear  safely  fifty 
pounds  upon  every  superficial  foot  of  their  surface,  in  addi- 
tion to  the  weight  of  materials  composing  the  same.  If  the 
pitch  be  more  than  twenty  degrees,  the  live  load  shall  be 
assumed  at  thirty  pounds  upon  every  superficial  foot  meas- 
ured on  a horizontal  plane. 

For  sidewalks  between  the  curb  and  area  lines  the  live 
load  shall  be  taken  at  three  hundred  pounds  upon  every 
superficial  foot. 

§ 122.  Every  column,  post  or  other  vertical  support 
shall  be  of  sufficient  strength  to  bear  safely  the  weight  of 
the  portion  of  each  and  every  floor  depending  upon  it  for 
support,  in  addition  to  the  weight  required  as  before  stated 
to  be  supported  safely  upon  said  portion  of  said  floors. 

§ 123.  For  the  purpose  of  determining  the  carrying  ca- 
pacity of  columns  in  dwellings,  office  buildings,  stores,  stables, 
and  public  buildings  when  over  five  stories  in  height,  a re- 
duction of  the  live  loads  shall  be  permissible  as  follows: 

For  the  roof  and  top  floor  the  full  live  loads  shall  be  used. 

For  each  succeeding  lower  floor  it  shall  be  permissible 
to  reduce  the  live  load  by  five  per  cent,  until  fifty  per  cent, 
of  the  live  loads  fixed  by  this  section  is  reached,  when  such 
reduced  loads  shall  be  used  for  all  remaining  floors. 

§ 124  The  weight  placed  on  any  of  the  floors  of  any 
building  shall  safely  be  distributed  thereon. 

The  Building  Inspector  may  require  the  owner  or  occu- 
pant of  any  building,  or  of  any  portion  thereof,  to  re-distribute 
the  load  on  any  floor,  or  to  lighten  such  load,  where  he  deems 
it  to  be  necessary. 

In  all  stores,  warehouses  and  factories,  hereafter  to  be 
erected  or  altered,  and  all  warehouses,  storehouses,  factories, 
workshops  and  stores,  where  heavy  materials  are  kept  or 
stored  or  machinery  introduced,  the  weight  that  each  floor 
will  safely  sustain  upon  each  superficial  foot  shall  be  esti- 
mated by  an  architect  or  civil  engineer.  The  weight  that 
each  floor  will  safely  sustain  shall  be  posted  by  the  owner  in 
a conspicuous  place  on  each  floor.  The  strength  of  the  ma- 
terials shall  be  ascertained  by  computation,  by  the  rules  of 


Code  of  Ordinances. 


159 


standard  authorities  on  the  strength  of  materials  using  the 
fibre  stresses  herein  specified,  and  for  other  materials  only 
such  numbers  as  have  been  reduced  from  actual  experiments 
on  materials  of  like  kinds  with  that  proposed  to  be  used. 
The  data  and  method  of  computation  must  be  submitted  to 
the  Building  Inspector  before  posting. 

No  person  shall  place,  or  cause  or  permit  to  be  placed 
on  any  floor  of  any  building,  any  greater  load  than  the  safe 
load  thereof,  as  correctly  estimated  and  ascertained  as  herein 
provided. 

§ 125.  Every  temporary  support  placed  under  any 
structure,  wall,  girder  or  beam,  during  the  erection,  finishing, 
alteration  or  repairing  of  any  building  or  structure  or  any 
part  thereof,  shall  be  of  sufficient  strength  to  safely  carry 
the  load  to  be  placed  thereon. 

During  the  construction  or  alteration  of  any  building  or 
structure,  no  material  entering  into  such  construction  or 
alteration  shall  be  placed  on  any  floor  of  any  greater  weight 
than  the  live  load  that  each  such  floor  is  intended  to  safely 
sustain  when  the  building  or  structure  is  completed. 


TITLE  XX. 

CALCULATIONS— STRENGTH  OF  MATERIALS. 

§ 126.  The  dimensions  of  each  piece  or  combination  of 
materials  required  shall  be  ascertained  by  computation,  ac- 
cording to  the  rules  prescribed  by  this  Code. 

§ 127.  The  safe  bearing  load  to  apply  to  brick  work 
shall  be  taken  at — 

Eight  tons  per  superficial  foot  when  lime  mortar  is  used ; 

Eleven  and  one-half  tons  per  superficial  foot  when  lime 
and  cement  mortar  mixed  is  used; 

Fifteen  tons  per  superficial  foot  when  cement  mortar  is 
used. 

The  safe-bearing  load  to  apply  to  rubble-stone  work 
shall  be  taken  at — 


160 


Code  of  Ordinances. 


Ten  tons  per  superficial  foot  when  Portland  cement  is 
used; 

When  cement  other  than  Portland  is  used,  eight  tons 
per  superficial  foot; 

When  lime  and. cement  mortar  is  used,  seven  tons  per 
superficial  foot; 

And  when  lime  mortar  is  used,  five  tons  per  superficial 

foot. 

The  safe-bearing  load  to  apply  to  concrete  shall  be 
taken  at — 

When  Portland  cement  is  used,  fifteen  tons  per  super- 
ficial foot; 

And  when  cement  other  than  Portland  is  used,  eight 
tons  per  superficial  foot. 

§ 128.  In  computing  the  weight  of  walls — 

A cubic  foot  of  brickwork  shall  be  deemed  to  weigh  one 
hundred  and  fifteen  pounds; 

Sandstone,  white  marble,  granite  and  other  kinds  of 
building  stone  shall  be  deemed  to  weigh  one  hundred  and 
seventy  pounds  per  cubic  foot. 

§ 129.  Where  the  unit  stress  for  any  material  is  not 
prescribed  in  this  Code,  the  relation  of  allowable  unit  stress 
to  ultimate  strength  shall  be — 

As  one  to  four  for  metals,  subjected  to  tension  or  trans- 
verse stress; 

As  one  to  six  for  timber; 

And  as  one  to  ten  for  natural  or  artificial  stones  and 
brick  or  stone  masonry. 

But  wherever  working  stresses  are  prescribed  in  this 
Code,  varying  the  factors  of  safety  herein  above  given,  the 
said  working  stresses  shall  be  used. 

§ 130.  In  columns  or  compression  members  with  flat 
ends  of  cast  iron,  steel,  wrought  iron  or  wood,  the  stress  per 
square  inch  shall  not  exceed  that  given  in  the  following 
tables  : 


When  the  length  divided  by 
least  radius  of  gyration  equals 


Working  stresses  per  square 
inch  of  section 


Steel 


Wrought 

iron 


8,240 

8,820 


4,400 

5,200' 


120. 

110. 


Cast  iron 


Code  of  Ordinances. 


161 


When  the  length  divided  by  Working  stresses  per  square 

least  radius  of  gyration  equals  inch  of  section 


100 . 

Cast  iron 

Steel 

9,400 

Wrought 

iron 

6,000 

90.. 

9,980 

6,800 

80-. 

10,560 

7,600 

70 

9,200 

11,104 

8,400 

60 

9,500 

11,720 

9,200 

50 

9,800 

12,300 

* 10,000 

40 

10,100 

12,880 

10,800 

30 

10,400 

13,460 

11,600 

20 

10,700 

14,040 

12,400 

10....... 

11,000 

14,620 

13,200 

And  in  like  proportion  for  intermediate  ratios. 


When  the  length  divided  by  Working  stress  per  square  inch 

the  least  diameter  equals  of  section 


Long  leaf 
yellow  pine 

White  pine 

Norway  pine 
spruce 

Oak 

30 

460 

350 

390 

25 

550 

425 

475 

20 

640 

500 

560 

15 

730 

575 

645 

12 

784 

620 

696 

10 

820 

650 

730 

And 

in  like  proportion  for 

intermediate  ratios. 

Five- 

eighths  the  value  given  for  white  pine  shall  also  apply  to 
chestnut  and  hemlock  posts. 

For  locust  posts  use  one  and  one-half  the  value  given 
for  white  pine. 

What  will  be  the  safe  load  for  a yellow  pine  post  10"xl0' 
— 10  feet  in  length? 

Length  in  ins. 


120 

=12,  for  which  the  working  stress  per  square  inch  of 

10  section  in  the  above  table  is  784. 


least  diameter. 

The  sectional  area  of  a 10"xl0'  post  is  100  square  inches. 


162 


Code  of  Ordinances. 


Sectional  area.  Working  stress. 

Therefore  100x784=78,400  lbs.,  or  39.2  tons,  safe  load. 

What  will  be  the  safe  load  for  a yellow  pine  post  8"xl0' 
— 10  feet  in  length  ? 

Length  in  ins. 

120 

=15,  for  which  the  working  stress  per  square  inch  of 

8 section  in  the  above  table  is  730. 

least  diameter. 

The  sectional  area  of  an  8"xl0"  post  is  80  square  inches. 
Sectional  area.  Working  stress. 

Therefore  80x730=58,400  lbs.,  or  29.2  tons,  safe  load. 

What  will  be  the  safe  load  for  a round  yellow-pine  col- 
umn 10"  diameter — 10  feet  in  length? 

Length  in  ins. 

120 

=12,  for  which  the  working  stress  per  square  inch  of 

10  section  in  the  above  table  is  784. 

least  diameter. 

The  sectional  area  of  a 10"  round  column  is  78.54  square 
inches. 

Sectional  area.  Working  stress. 


Therefore  78.54x784 — 61,575  lbs.*  or  30.79  tons,  safe  load. 

Columns  and  compression  members  shall  not  be  used 
having  an  unsupported  length  of  greater  ratios  than  given 
in  the  tables. 

Any  column  eccentrically  loaded  shall  have  the  stresses 
caused  by  such  eccentricity  computed,  and  the  combined 
stresses  resulting  from  such  eccentricity  at  any  part  of  the 
column,  added  to  all  other  stresses  at  that  part,  shall  in  no 
case  exceed  the  working  stresses  stated  in  this  Code. 

The  eccentric  load  of  a column  shall  be  considered  to  be 
distributed  equally  over  the  entire  area  of  that  column  at 
the  next  point  below  at  which  the  column  is  securely  braced 
laterally  in  the  direction  of  the  eccentricity. 


Code  of  Ordinances. 


163 


§ 131.  The  safe  carrying  capacity  of  the  various  ma- 
terials of  construction  (except  in  the  case  of  columns)  shall 
be  determined  by  the  following  working  stresses  in  pounds 


per  square  inch  of  sectional  area: 

Rolled  Steel .. 16,000 

Cast  Steel.. 16,000 

Wrought  Iron 12,000 

Cast  Iron  (for  short  blocks) 16,000 

Steel  Pins  and  Rivets  (bearing) 20,000 

Wrought  Iron  Pins  and  Rivets  (bearing) 15,000 


With  Across 
Grain  Grain 


Oak 900 

Yellow  Pine 1,000 

White  Pine 800 

Spruce..... 800 

Locust 1,200 

Hemlock 500 

Chestnut 500 


Concrete  (Portland),  cement,  1;  sand,  2;  stone,  4.... 
Concrete  (Portland),  cement,  1;  sand,  2;  stone,  5.... 
Concrete  (Rosendale),  or  other  equal  cement,  1; 

sand,  2 ; stone,  4 

Concrete  (Rosendale),  or  other  equal  cement,  1; 

sand,  2 ; stone,  5 

Rubble  stonework  in  Portland  cement  mortar 

Rubble  stonework  in  Rosendale  cement  mortar 

Rubble  stonework  in  lime  and  cement  mortar.. 

Rubble  stonework  in  lime  mortar...,. 

Brickwork  in  Portland  cement  mortar — cement,  1 ; 

sand,  3... 

Brickwork  in  Rosendale  or  other  cement  mortar 


800 

600 

400 

400 

1,000 

500 

1,000 

230 

208 

127 

111 

140 

111 

97 

70 

250 


cement,  1 ; sand,  3 208 

Brickwork  in  lime  and  cement  mortar — cement,  1 ; 

lime,  1 ; sand,  6 160 

Brickwork  in  lime  mortar — lime,  1 ; sand,  4 111 

Granites  (according  to  test) ....1,000  to  2,400 

Gneiss  Stone 1,200 

Limestones  (according  to  test) 700  to  2,300 


164 


Code  of  Ordinances 


With  Across 
Grain  Grain 

Marbles  (according  to  test) . 600  to  1,200 

Sandstones  (according  to  test) . 400  to  1,600 

Bluestone 2,000 

Brick  (hard-burned,  flatwise) 300 

Slate 1,000 

Rolled  Steel... 16,000 

Cast  Steel. '.. 16,000 

Wrought  Iron 12,000 

Cast  Iron 3,000 

Yellow  Pine 1,200 

White  Pine. 800 

Spruce... 800 

Oak 1,000 

Hemlock 600 

Steel  Web  Plates 9,000 

Steel  Shop  Rivets  and  Pins 10,000 

Steel  Field  Rivets 8,000 

Steel  Field  Bolts.... 7,000 

Wrought  Iron  Web  Plates.. 6,000 

Wrought  Iron  Shop  Rivets  and  Pins 7,500 

Wrought  Iron  Field  Rivets. 6,500 

Wrought  Iron  Field  Bolts 5,500 

Cast  Iron 3,000 

With  Across 

Fibre  Fibre 

Yellow  Pine 70  500 

White  Pine. 40  250 

Spruce 50  320 

Oak..... 100  600 

Locust. 100  720 

Hemlock..... 40  275 

Chestnut.. 150 

Rolled  Steel  Beams. 16,000 

Rolled  Steel  Pins,  Rivets  and  Bolts 20,000 

Riveted  Steel  Beams  (net  Flange  Section) 14,000 

Rolled  Wrought  Iron  Beams 12,000 


Code  of  Ordinances.  165 

Rolled  Wrought  Iron  Pins,  Rivets  and  Bolts 15,000 

Riveted  Wrought  Iron  Beams  (net  Flange  Section)  12,000 

Cast  Iron,  Compression  Side . 16,000 

Cast  Iron,  Tension  Side 3,000 

Yellow  Pine 1,200 

White  Pine 800 

Spruce- — 800 

Oak 1,000 

Locust : 1,200 

Hemlock. 600 

Chestnut 800 

Granites 180 

Gneiss  Stone.— 150 

Limestone 150 

Slate 400 

Marble 120 

Sandstone 100 

Bluestone..... 300 

Concrete  (Portland),  cement,  1 ; sand,  2 ; stone,  4....  30 

Concrete  (Portland),  cement,  1;  sand,  2;  stone,  5....  20 

Concrete,  Rosendale,  or  equal  cement,  1 ; sand,  2 ; 

stone,  4 iJOtlilUd... 16 

Concrete,  Rosendale,  or  equal  cement,  1 ; sand,  2 ; 

stone,  5—.„—.. 10 

Brick  (hard-burned) 50 

Brickwork  (in  cement) 30 

TITLE  XXL 

PUBLIC  BUILDINGS,  THEATRES  AND  PLACES  OF 

ASSEMBLAGE. 

§ 132.  In  all  public  buildings  or  buildings  of  public 
character,  such  as  hotels,  churches,  theatres,  restaurants, 
railroad  depots,  public  halls  and  other  buildings  used  or  in- 
tended to  be  used  for  purposes  of  public  assembly,  amuse- 
ment or  instruction,  and  including  department  stores  and 
other  business  and  manufacturing  buildings  where  large 


166 


Code  of  Ordinances. 


numbers  of  people  are  congregated,  the  halls,  doors,  stair- 
ways, seats,  passageways  and  aisles,  and  all  lighting  and 
heating  appliances  and  apparatus  shall  be  arranged  as  the 
Building  Inspector  shall  direct  to  facilitate  egress  in  cases 
of  fire  or  accident,  and  to  afford  the  requisite  and  proper 
accommodation  for  the  public  protection  in  such  cases. 

All  aisles  and  passageways  in  said  buildings  shall  be 
kept  free  from  camp-stools,  chairs,  sofas  and  other  obstruc- 
tions, and  no  person  other  than  an  employe  or  policeman  or 
fireman  shall  be  allowed  to  stand  in  or  occupy  any  of  said 
aisles  or  passageways,  during  any  performance,  service,  ex- 
hibition, lecture,  concert,  ball  or  any  public  assemblage. 

The  Building  Inspector  may  at  any  time  serve  a written 
or  printed  notice  upon  the  owner,  lessee  or  manager  of  any 
of  said  buildings,  directing  any  act  or  thing  to  be  done  or 
provided  in  or  about  the  said  buildings  and  the  several  ap- 
pliances therewith  connected,  such  as  halls,  doors,  stairs, 
windows,  seats,  aisles,  fire-walls,  fire  apparatus  and  fire- 
escapes,  as  he  may  deem  necessary. 

§ 133.  Every  theatre,  opera  house,  convention  hall  or 
other  building  intended  to  be  used  for  public  entertainments 
or  assemblage  hereafter  erected,  for  the  accommodation  of 
more  than  three  hundred  persons,  shall  be  built  to  comply 
with  the  requirements  of  this  section.  No  building  which 
at  the  time  of  the  passage  of  this  ordinance,  is  not  in  actual 
use  for  the  above  named  purposes  shall  be  so  used  until 
made  to  conform  to  the  requirements  of  this  section.  No 
building  shall  be  opened  to  the  public  for  theatrical  or 
operatic  purposes  or  for  public  entertainments  of  any  kind 
until  the  Building  Inspector  shall  have  approved  the  same. 

§ 134.  Every  such  building  shall  have  at  least  one 
front  on  the  street,  and  in  such  front  there  shall  be  suitable 
means  of  entrance  and  exit  for  the  audience.  In  addition 
to  the  aforesaid  entrances  and  exits  on  the  street,  there  shall 
be  reserved  for  service  in  case  of  an  emergency,  an  open  court 
or  space  on  the  side  not  bordering  on  the  street,  where  said 
building  is  located  on  a corner  lot,  and  on  both  sides  of  said 
building  where  there  is  but  one  frontage  on  the  street.  The 
width  of  such  open  court  or  courts  shall  not  be  less  than 


Code  of  Ordinances. 


167 


seven  feet  where  the  seating  capacity  is  not  over  one  thousand 
people,  above  one  thousand  and  not  more  than  eighteen 
hundred  people,  eight  feet  in  width,  and  above  eighteen  hun- 
dred people,  ten  feet  in  width.  Said  open  court  or  courts 
shall  begin  on  a line  with  or  near  the  proscenium  wall,  and 
shall  extend  the  length  of  the  auditorium  proper,  to  or  near 
the  wall  separating  the  same  from  the  entrance  vestibule. 
A separate  and  distinct  corridor  shall  continue  to  the  street, 
from  each  open  court  through  such  superstructure  as  may 
be  built  on  the  street  side  of  the  auditorium  with  continuous 
walls  of  brick  or  fire-proof  materials  on  each  side  of  the 
entire  length  of  said  corridor  or  corridors,  and  the  ceilings 
and  floors  shall  be  fire-proof.  Said  corridor  or  corridors 
shall  not  be  reduced  in  width  to  more  than  three  feet  less 
than  the  width  of  the  open  court  or  courts,  and  there  shall 
be  no  projection  in  the  same;  the  outer  openings  to  be  pro- 
vided with  doors  or  gates  opening  toward  the  street.  During 
the  performance  the  doors  in  the  corridors  shall  be  kept  open 
by  proper  fastenings ; at  other  times  they  may  be  closed  and 
fastened  by  movable  bolts  or  locks.  The  said  open  courts 
and  corridors  shall  not  be  used  for  storage  purposes,  or  for 
any  purpose  whatsoever  except  for  exit  and  entrance  from 
and  to  the  auditorium  and  stage,  and  must  be  kept  free  and 
clear  during  performances.  The  level  of  said  corridors  at 
the  front  entrance  of  the  buildings  shall  not  be  greater  than 
one  step  above  the  level  of  the  sidewalk,  where  they  begin 
at  the  street  entrance.  The  main  entrance  of  the  building 
shall  not  be  on  a higher  level  from  the  sidewalk  than  the 
height  of  four  steps.  To  overcome  any  difference  of  level 
in  and  between  courts,  corridors,  lobbies,  passages  and  aisles 
on  the  ground  floor,  gradients  shall  be  employed  of  not  more 
than  one  foot  in  twelve  with  no  perpendicular  rises.  From 
the  auditorium  opening  into  the'  said  open  courts  or  on  the 
side  street,  there  shall  not  be  less  than  two  exits  on  each 
side  in  each  tier  from  and  including  the  parquet  and  each 
and  every  gallery. 

§ 135.  There  shall  be  balconies  not  less  than  four  feet 
in  width  in  the  said  open  court  or  courts  at  each  level  or  tier 
above  the  parquet,  on  each  side  of  the  auditorium,  of  suffi- 
cient length  to  embrace  the  two  exits  and  from  said  balconies 


168 


Code  of  Ordinances. 


there  shall  be  staircases  extending  to  the  ground  level  with 
a rise  of  not  over  eight  and  one-half  inches  to  a step,  and 
not  less  than  nine  inches  tread  exclusive  of  the  nosing.  The 
staircase  from  the  upper  balcony  to  the  next  below  shall  not 
be  less  than  thirty-six  inches  in  width  in  the  clear,  and  from 
the  first  balcony  to  the  ground  three  feet  in  width  in  the 
clear  where  the  seating  capacity  of  the  auditorium  is  for  one 
thousand  people  or  less,  three  feet  and  six  inches  in  the  clear 
where  above  one  thousand  and  not  more  than  eighteen  hun- 
dred people,  and  four  feet  in  the  clear  where  above  twenty- 
five  hundred  people.  All  the  said  balconies  and  staircases 
shall  be  constructed  of  iron  throughout,  including  the  floors, 
and  of  ample  strength  to  sustain  the  load  to  be  carried  by 
them,  and  they  shall  be  covered  with  a metal  hood  or  awning, 
to  be  constructed  in  such  a manner  as  shall  be  approved  by 
the  bureau.  Where  one  side  of  the  building  borders  on  the 
street,  there  shall  be  balconies  and  staircases  of  like  capacity 
and  kind,  as  before  mentioned,  carried  to  the  ground.  When 
located  on  a corner  lot  that  portion  of  the  premises  bordering 
on  the  side  street,  and  not  required  for  the  uses  of  the  theatre, 
if  such  portion  be  not  more  than  twenty-five  feet  in  width, 
may  be  used  for  offices,  stores  or  apartments,  provided  the 
walls  separating  this  portion  from  the  theatre  proper  are 
carried  up  solidly  to  and  through  the  roof,  and  that  a fire- 
proof exit  is  provided  for  the  theatre,  on  each  tier,  equal  to 
the  combined  width  of  exits  opening  on  opposite  sides  in 
each  tier,  communicating  with  balconies  and  staircases  lead- 
ing to  the  street  in  manner  provided  elsewhere  in  this  section ; 
said  exit  passages  shall  be  entirely  cut  off  by  brick  walls 
from  said  offices,  stores  or  apartments,  and  the  floors  and 
ceilings  in  each  tier  shall  be  fire-proof. 

§ 136.  No  workshop,  storage  or  general  property  room 
shall  be  allowed  above  the  auditorium  or  stage;  or  under  the 
same  or  in  any  of  the  fly  galleries.  All  of  said  rooms  or 
shops  may  be  located  in  the  rear  or  at  the  side  of  the  stage, 
but  in  such  cases  they  shall  be  separated  from  the  stage  by 
a brick  wall,  and  the  openings  leading  into  said  portions 
shall  have  fire-proof  doors  on  each  side  of  the  openings,  hung 
to  iron  eyes  built  into  the  wall.  No  portion  of  any  building 
hereafter  erected  or  altered,  used  or  intended  to  be  used  for 


Code  of  Ordinances. 


169 


theatrical  purposes,  shall  be  occupied  or  used  as  a hotel, 
boarding  or  lodging  house,  workshop  or  manufactory,  or  for 
storage  purposes  except  as  herein  provided.  Said  restriction 
relates  not  only  to  that  portion  of  the  buildings  which  con- 
tain the  auditorium  and  the  stage,  but  applies  also  to  the 
entire  structure  in  conjunction  therewith.  No  store  or  room 
contained  in  the  building,  or  the  offices,  stores  or  apartments 
adjoining  as  aforesaid,  shall  be  let  or  used  for  carrying  on 
any  business  dealing  in  articles  designated  as  especially 
hazardous  in  the  classification  of  the  Underwriters’  Associa- 
tion of  New  York  State,  or  for  manufacturing  purposes.  No 
lodging  accommodations  shall  be  allowed  in  any  part  of  the 
building  communicating  with  the  auditorium.  Interior  walls 
built  of  fire-proof  materials  shall  separate  the  auditorium 
from  the  entrance  vestibule  and  from  any  room  over  the 
same,  also  from  any  lobbies,  corridors,  refreshment  or  other 
rooms. 

§ 137.  All  staircases  for  the  use  of  the  audience  shall 
be  enclosed  with  walls  of  brick,  or  of  fire-proof  materials 
approved  by  the  Building  Inspector,  in  the  stories  through 
which  they  pass,  and  the  openings  to  said  staircases  from 
7 each  tier  shall  be  the  full  width  of  each  staircase.  No  door 
shall  open  immediately  upon  a flight  of  stairs,  but  a landing 
at  least  the  width  of  the  door  shall  be  provided  between  such 
stairs  and  such  door.  A fire-wall,  built  of  brick,  shall  sep- 
arate the  auditorium  from  the  stage,  and  the  same  shall 
extend  at  least  four  feet  above  the  stage  roof,  or  the  audi- 
torium roof,  if  the  latter  be  higher,  and  shall  be  coped. 
Above  the  proscenium  opening  there  shall  be  an  iron  girder 
of  sufficient  strength  safely  to  support  the  load  above,  and 
the  same  shall  be  covered  with  fire-proof  materials  to  pro- 
tect it  from  the  heat.  Should  there  be  constructed  an  or- 
chestra over  the  stage  above  the  proscenium  opening,  the 
said  orchestra  shall  be  placed  on  the  auditorium  side  of  the 
proscenium  fire-wall,  and  shall  be  entered  only  from  the 
auditorium  side  of  the  proscenium  fire-wall.  The  moulded 
frame  around  the  proscenium  opening  shall  be  formed  en- 
tirely of  fire-proof  materials;  if  metal  be  used,  it  shall  be 
filled  in  solid  with  non-combustible  material  and  securely 
anchored  to  the  wall  with  iron. 


170 


Code  of  Ordinances. 


§ 138.  The  proscenium  opening  shall  be  provided  with* 
fire-proof  metal  curtain,  or  a curtain  of  asbestos,  interwoven 
or  reinforced  by  wire  netting  or  otherwise  strengthened,  or 
other  fire-proof  material  approved  by  the  Building  Inspector, 
sliding  at  each  end  within  iron  grooves  securely  fastened  to 
the  brick  wall,  and  extending  into  such  grooves,  to  a depth 
of  not  less  than  six  inches  in  each  side  of  the  opening.  Said 
fire-proof  curtain  shall  be  raised  at  the  commencement  and 
lowered  at  the  close  of  each  performance,  and  shall  be  op- 
erated by  such  machinery  and  provided  with  such  appliances 
to  force  said  curtain  down  in  case  of  emergency  as  the 
Building  Inspector  may  approve.  The  proscenium  curtains 
shall  be  placed  at  least  three  feet  distant  from  the  footlights 
at  the  nearest  point. 

§ 139.  No  doorway  or  opening  through  the  proscenium 
wall,  from  the  auditorium,  shall  be  allowed  above  the  level 
of  the  first  floor  and  such  first  floor  openings  shall  have 
standard  fire-doors  on  each  face  of  the  wall,  and  the  doors 
shall  be  hung  so  as  to  be  opened  from  either  side  at  all  times. 

§ 140.  There  shall  be  provided  over  the  stage,  metal 
skylights  of  an  area  or  combined  area  of  at  least  one-twelfth 
the  area  of  said  stage,  fitted  up  with  sliding  or  hinged  sash, 
fitted  with  thin  glass,  with  wire  netting  underneath,  each 
pane  measuring  not  less  than  three  hundred  square  inches, 
the  whole  of  said  skylight  to  be  so  constructed  as  to  open 
instantly,  on  the  cutting  or  burning  of  a hempen  cord,  by 
which  said  skylight  is  held  closed,  or  some  other  device  ap- 
proved by  the  Building  Inspector.  All  that  portion  of  the 
stage  not  comprised  in  the  working  of  the  scenery,  traps  and 
other  mechanical  apparatus,  for  the  presentation  of  a scene, 
usually  open  to  the  width  of  the  proscenium  opening,  shall 
be  built  of  iron  or  steel  beams  filled  in  between  with  fire- 
proof material,  and  all  girders  for  the  support  of  said  beams 
shall  be  of  wrought  iron  or  rolled  steel. 

§ 141.  The  fly  galleries  entire,  including  pin  rails,  shall 
be  constructed  of  iron  or  steel  and  the  floors  of  said  galleries 
shall  be  composed  of  iron  or  steel  beams,  filled  with  fire-proof 
materials  and  no  wood  boards  or  sleepers  shall  be  used  as 


Code  of  Ordinances. 


171 


covering  over  beams,  but  the  said  floors  shall  be  entirely 
fire-proof.  The  rigging  loft  shall  be  fire-proof. 

§ 142.  All  stage  scenery,  curtains  and  decorations  made 
of  combustible  material,  and  all  woodwork  on  or  about  the 
stage,  shall  be  painted  or  saturated  with  some  non -com- 
bustible material,  or  otherwise  rendered  safe  against  fire, 
and  the  finishing  coats  of  paint  applied  to  all  woodwork 
throughout  the  entire  building  shall  be  of  such  a kind  as  will 
resist  fire  to  the  satisfaction  of  the  Building  Inspector. 

§ 143.  The  roof  over  the  auditorium  and  vestibule,  also 
the  entire  floor  of  the  second  story  of  the  front  superstructure 
over  the  entrance,  lobby  and  corridors,  and  all  galleries  and 
supports  for  the  same  in  the  auditorium  shall  be  constructed 
of  iron  or  steel,  and  fire-proof  materials,  not  excluding  the 
use  of  wood  floor  boards  and  necessary  sleepers  to  fasten  the 
same  to,  but  such  sleepers  shall  not  mean  timbers  of  support, 
and  the  space  between  the  sleepers,  except  the  portion  under 
the  stepping  galleries,  which  shall  be  properly  fire -stopped, 
shall  be  solidly  filled  with  incombustibles  up  to  the  under 
side  of  the  floor  boards.  The  fronts  of  each  gallery  shall  be 
formed  of  fire-proof  materials,  except  the  capping,  which 
may  be  made  of  wood.  The  ceiling  under  each  gallery  shall 
be  constructed  entirely  of  fire-proof  materials.  The  ceiling 
of  the  auditorium  shall  be  formed  of  fire-proof  materials. 
All  lathing,  whenever  used,  shall  be  of  wire  and  other  metal. 
The  partitions  in  that  portion  of  the  building  which  contains 
the  auditorium,  the  entrance  and  vestibule  and  every  room 
and  passage  devoted  to  the  use  of  the  audience,  shall  be 
constructed  of  fire-proof  materials,  including  the  furring  of 
outside  or  other  walls.  None  of  the  walls  or  ceilings  shall 
be  covered  with  wood  sheathing,  canvas  or  any  combustible 
material.  But  this  shall  not  exclude  the  use  of  wood  wains- 
coting to  a height  not  to  exceed  six  feet,  which  shall  be  filled 
in  solid  between  the  wainscoting  and  the  wall  with  fire-proof 
materials. 

§ 144.  The  walls  separating  the  actors’  dressing  rooms 
from  the  stage  and  the  partitions  dividing  the  dressing  rooms, 
together  with  the  partitions  of  every  passageway  from  the 
same  to  the  stage  and  all  other  partitions  on  or  about  the 


172 


Code  of  Ordinances. 


stage,  shall  be  constructed  of  fire-proof  material  approved 
by  the  Building  Inspector.  All  doors  in  any  of  said  parti- 
tions shall  be  fire-proof.  All  shelving  and  cupboards  in  each 
and  every  dressing  room,  property  or  other  storage  rooms, 
shall  be  constructed  of  metal,  slate  or  some  fire-proof  ma- 
terial. Dressing  rooms  may  be  placed  in  the  fly  galleries, 
provided  that  proper  exits  are  secured  therefrom  to  the  fire 
escapes  in  the  open  courts  and  that  the  partitions  and  other 
matters  pertaining  to  dressing  room  shall  conform  to  the 
requirements  herein  contained,  but  the  stairs  leading  to  the 
same  shall  be  fire-proof.  All  dressing  rooms  shall  have  an 
independent  exit  leading  directly  into  a court  or  street,  and 
shall  be  ventilated  by  windows  in  the  external  wall;  and  no 
dressing  room  shall  be  more  than  one  story  below  the  street 
level. 

§ 145.  All  windows  shall  be  arranged  to  open,  and  none 
of  the  windows  in  outside  walls  shall  have  fixed  sashes,  iron 
grills  or  bars.  All  seats  in  the  auditorium,  excepting  those 
contained  in  the  boxes,  shall  be  not  less  than  thirty-two 
inches  from  back  to  back,  measured  in  a horizontal  direction, 
and  firmly  secured  to  the  floor.  No  seat  in  the  auditorium 
shall  have  more  than  six  seats  intervening  between  it  and 
an  aisle  on  either  side.  All  platforms  in  the  galleries  formed 
to  receive  the  seats  shall  be  not  more  than  twenty-one  inches 
in  height  of  riser,  nor  less  than  thirty-two  inches  in  width  of 
platform. 

§ 146.  All  aisles  on  the  respective  floors  in  the  audito- 
rium, having  seats  on  both  sides  of  same,  shall  be  not  less 
than  three  feet  wide  where  they  begin  and  shall  be  increased 
in  width  towards  the  exits  in  the  ratio  of  one  and  one-half 
inches  to  five  running  feet.  Aisles  having  seats  on  one  side 
only  shall  not  be  less  than  two  feet  wide  at  their  beginning 
and  increased  in  width  the  same  as  aisles  having  seats  on 
both  sides. 

§ 147.  The  aggregate  capacity  of  the  foyers,  corridors, 
passages  and  rooms  for  the  use  of  the  audience,  not  including 
aisle  space  between  seats  shall,  on  each  floor  or  gallery,  be 
sufficient  to  contain  the  entire  number  to  be  accommodated 


Code  of  Ordinances. 


173 


on  said  floor  or  gallery,  in  the  ratio  of  one  hundred  and  fifty 
superficial  feet  of  floor  room  for  every  hundred  persons. 

§ 148.  Gradients  or  inclined  planes  shall  be  employed 
instead  of  steps  where  possible  to  overcome  slight  difference 
of  level  in  or  between  aisles,  corridors  and  passages. 

§ 149.  Every  theatre  accommodating  three  hundred 
persons  shall  have  at  least  two  exits,  and  when  accommo- 
dating five  hundred  persons,  at  least  three  exits,  these  exits 
not  referring  to  or  including  the  exits  to  the  open  court  at 
the  side  of  the  theatre.  Doorways  of  exit  or  entrance  for 
the  use  of  the  public  shall  be  not  less  than  five  feet  in  width, 
and  for  every  additional  one  hundred  persons  or  portions 
thereof,  to  be  accommodated,  in  excess  of  five  hundred,  an 
aggregate  of  twenty  inches  additional  exit  width  must  be 
allowed.  All  doors  of  exit  or  entrance  shall  open  outwardly 
and  be  hung  to  swing  in  such  a manner  as  not  to  become  an 
obstruction  in  a passage  or  corridor,  and  no  such  doors  shall 
be  closed  and  locked  during  any  representation,  or  when  the 
building  is  open  to  the  public.  Distinct  and  separate  places 
of  exit  and  entrance  shall  be  provided  for  each  gallery  above 
the  first.  A common  place  for  exit  and  entrance  may  serve 
for  the  main  floor  of  the  auditorium  and  the  first  gallery 
provided  its  capacity  be  equal  to  the  aggregate  capacity  of 
the  outlets  from  the  main  floor  and  the  said  gallery. 

§ 150.  No  passage  leading  to  any  stairway  communi- 
cating with  any  entrance  or  exit  shall  be  less  than  four  feet 
in  width  in  any  part  thereof.  All  stairs  within  the  building 
shall  be  constructed  of  fire-proof  material  throughout. 
Stairs  from  balconies  and  galleries  shall  not  communicate 
with  the  basement  or  cellar.  All  stairs  shall  have  treads  of 
uniform  width  and  risers  of  uniform  height  throughout  in 
each  flight.  Stairways  serving  for  the  exit  of  fifty  people 
shall  be  at  least  four  feet  wide,  between  railings,  and  for 
every  additional  fifty  people  to  be  accommodated  six  inches 
must  be  added  to  their  width.  The  width  of  all  stairs  shall 
be  measured  in  the  clear  between  hand  rails.  In  no  case 
shall  the  risers  of  any  stairs  exceed  seven  and  a half  inches 
in  height,  nor  shall  the  treads,  exclusive  of  nosings,  be  less 
than  ten  and  one-half  inches  wide  in  straight  stairs.  No> 


174 


Code  of  Ordinances. 


circular  or  winding  stairs  for  the  use  of  the  public  shall  be 
permitted.  Where  the  seating  capacity  is  for  more  than  one 
thousand  people,  there  shall  be  at  least  two  independent 
staircases,  with  direct  exterior  outlets,  provided  for  each 
gallery  in  the  auditorium,  where  there  are  not  more  than  two 
galleries,  and  the  same  shall  be  located  on  the  opposite  side 
of  said  galleries.  Where  there  are  more  than  two  galleries 
one  or  more  additional  staircases  shall  be  provided,  the 
outlets  from  which  shall  communicate  directly  with  the 
principal  exit  or  other  exterior  outlets.  All  said  staircases 
shall  be  of  width  proportionate  to  the  seating  capacity  as 
elsewhere  herein  prescribed.  Where  the  seating  capacity  is 
for  one  thousand  people,  or  less,  two  direct  lines  of  staircases 
only  shall  be  required,  located  on  opposite  sides  of  the  gal- 
leries, and  in  both  cases  shall  extend  from  the  sidewalk  level 
to  the  upper  gallery,  with  outlets  from  each  gallery  to  each 
of  said  staircases.  At  least  two  independent  staircases,  with 
direct  exterior  outlets,  shall  be  also  provided  for  the  service 
of  the  stage,  and  shall  be  located  on  the  opposite  sides  of  the 
same.  All  inside  stairways  leading  to  the  upper  galleries  of 
the  auditorium  shall  be  enclosed  on  both  sides  with  walls  of 
fire-proof  materials.  Stairs  leading  to  the  first  or  lower  gal- 
lery may  be  left  open  on  one  side,  in  which  case  they  may  be 
constructed  as  herein  provided  for  similar  stairs  leading  from 
the  entrance  hall  to  the  main  floor  of  the  auditorium.  But 
in  no  case  shall  stairs  leading  to  any  gallery  be  left  open  on 
both  sides.  When  straight  stairs  return  directly  on  them- 
selves, a landing  of  the  full  width  of  both  flights,  without 
any  steps,  shall  be  provided.  The  outer  line  of  landings  shall 
be  curved  to  a radius  of  not  less  than  two  feet,  to  avoid 
square  angles.  Stairs  turning  at  an  angle  shall  have  a proper 
landing  without  winders  introduced  at  said  turn.  In  stairs, 
when  two  flights  connect  with  one  main  flight,  no  winders 
shall  be  introduced,  and  the  width  of  the  main  flight  shall 
be  at  least  equal  to  the  aggregate  width  of  the  side  flights. 
All  stairs  shall  have  proper  landings  introduced  at  convenient 
distances.  All  inclosed  staircases  shall  have  on  both  sides, 
strong  hand-rails  firmly  secured  to  the  wall  about  three 
inches  distance  therefrom  and  about  three  feet  above  the 
stairs,  but  said  hand-rails  shall  not  run  on  level  platforms 


Code  of  Ordinances 


175 


and  landings  where  the  same  is  more  in  length  than  the 
width  of  the  stairs.  All  staircases  eight  feet  and  over  in 
width  shall  be  provided  with  a centre  handrail  of  metal  not 
less  than  two  inches  in  diameter,  placed  at  a height  of  about 
three  feet  above  the  center  of  the  treads,  and  supported  on 
wrought  metal  or  brass  standards  of  sufficient  strength, 
placed  not  nearer  than  four  feet  nor  more  than  six  feet  apart, 
and  securely  bolted  to  the  treads  or  risers  of  stairs,  or  both, 
and  at  the  head  of  each  flight  of  stairs,  on  each  landing  the 
post  or  standard  shall  be  at  least  six  feet  in  height,  to  which 
the  rail  shall  be  secured. 

§ 151.  Every  steam  boiler  which  may  be  required  for 
heating  or  other  purposes  shall  be  inclosed  by  walls  of 
masonry  on  all  sides,  and  the  ceiling  of  such  space  shall  be 
constructed  of  fire-proof  materials.  All  doorways  in  said 
walls  shall  have  fire-proof  doors.  No  floor  register  for  heat- 
ing shall  be  permitted.  No  coil  or  radiator  shall  be  placed 
in  any  passageway  used  as  an  exit;  but  all  said  coils  and 
radiators  shall  be  placed  in  recesses  formed  in  the  wall  or 
partition  to  receive  the  same.  All  supply,  return  or  exhaust 
pipes  shall  be  properly  incased  and  protected  where  passing 
through  floors  or  near  woodwork. 

§ 152.  Stand-pipes  four  inches  in  diameter  shall  be 
provided  with  hose  attachments  on  every  floor  and  gallery 
as  follows:  One  on  each  side  of  the  auditorium  in  each  tier, 
also  on  each  side  of  the  stage  in  each  tier,  and  at  least  one  in 
the  property  room  and  one  in  the  carpenter’s  shop,  if  the 
same  be  contiguous  to  the  building.  Said  stand-pipes  shall 
be  separate  and  distinct,  receiving  their  supply  of  water 
directly  from  the  city  water  mains,  and  shall  be  fitted  with 
the  regulation  couplings  of  the  fire  department,  and  shall  be 
kept  constantly  filled  with  water  by  said  means  or  by  means 
of  automatic  power  pump  or  pumps  of  sufficient  capacity 
to  supply  all  the  lines  of  hose  when  operated  simultaneously, 
and  shall  be  kept  clear  of  obstruction  and  ready  for  immediate 
use  at  all  times  during  a performance  in  said  building.  A 
separate  and  distinct  system  of  automatic  sprinklers,  ap- 
proved by  the  Building  Inspector,  supplied  with  water  from 
the  stand-pipes,  shall  be  placed  each  side  of  the  proscenium 


176 


Code  of  Ordinances. 


opening  and  on  the  ceiling  or  roof  over  the  stage  at  such 
intervals  as  will  protect  every  square  foot  of  stage  surface 
when  said  sprinklers  are  in  operation.  Automatic  sprinklers 
shall  also  be  placed,  wherever  practicable,  in  the  dressing 
rooms,  under  the  stage,  and  in  the  carpenter  shop,  paint 
rooms,  store  rooms  and  property  rooms.  A proper  and 
sufficient  quantity  of  two  and  one-half  inch  hose  not  less 
than  one  hundred  feet  in  length,  fitted  with  the  regulation 
couplings  of  the  fire  department  and  with  nozzles  attached 
thereto,  and  with  hose  spanners  at  each  outlet,  shall  always 
be  kept  attached  to  each  hose  attachment.  There  shall  also 
be  kept  in  immediate  readiness  for  use  on  the  stage,  at  least 
four  casks  full  of  water,  and  two  buckets  to  each  cask.  Said 
casks  and  buckets  shall  be  painted  red.  There  shall  also  be 
provided  hand-pumps  or  other  portable  fire  extinguishing 
apparatus  and  at  least  four  axes,  and  two  twenty-five  foot 
hooks,  two  fifteen  foot  hooks,  and  two  ten  foot  hooks  on  each 
tier  or  floor  of  the  stage. 

§ 153.  Every  portion  of  the  buildings  devoted  to  the 
uses  or  accommodation  of  the  public,  also  all  outlets  leading 
to  the  streets,  and  including  the  open  courts  and  corridors, 
shall  be  well  and  properly  lighted  during  every  performance, 
and  the  same  shall  remain  lighted  until  the  entire  audience 
has  left  the  premises.  All  gas  or  electric  lights  in  the  halls, 
corridors,  lobby  or  any  other  part  of  said  buildings  used  by 
the  audience,  except  the  auditorium,  must  be  controlled  by  a 
separate  shut-off  located  in  the  lobby,  and  controlled  only 
in  that  particular  place.  Gas  mains  supplying  the  building 
shall  have  independent  connections  for  the  auditorium  and 
the  stage,  and  provisions  shall  be  made  for  shutting  off  the 
gas  from  the  outside  of  the  building.  When  interior  gas 
lights  are  not  lighted  by  electric  spark  other  suitable  appli- 
ances to  be  approved  by  the  Building  Inspector  shall  be  pro- 
vided. All  suspended  or  bracket  lights  surrounded  by  gas, 
in  the  auditorium  or  in  any  part  of  the  building  de- 
voted to  the  public,  shall  be  provided  with  proper  wire  netting 
underneath.  No  gas  or  electric  light  shall  be  inserted  in  the 
walls,  wood-work,  ceilings  or  any  part  of  the  building  unless 
protected  by  fire-proof  materials.  All  lights  in  passages  and 


Code  of  Ordinances. 


177 


corridors  in  said  buildings,  and  wherever  deemed  necessary 
by  the  Building  Inspector,  shall  be  protected  with  proper 
wire  network.  The  foot-lights,  in  addition  to  the  wire  net- 
work, shall  be  protected  with  a strong  wire  guard  and  chain, 
placed  not  less  than  two  feet  distance  from  said  foot-lights, 
and  the  trough  containing  said  foot-lights  shall  be  formed  of 
and  surrounded  by  fire-proof  material.  All  border  lights 
shall  be  constructed  according  to  the  best  known  methods 
subject  to  the  approval  of  the  Building  Inspector  and  shall 
be  suspended  for  ten  feet  by  wire  rope.  All  ducts  or  shafts 
used  for  conducting  heated  air  from  the  main  chandelier,  os 
from  any  other  light  or  lights,  shall  be  constructed  of  metal 
and  made  double,  with  air  space  between.  All  stage  lights 
shall  have  strong  metal  wire  guards  or  screens,  not  less  than 
ten  inches  in  diameter,  so  constructed  that  any  material  in 
contact  therewith  shall  be  out  of  reach  of  the  flames  of  said 
stage  lights,  and  must  be  soldered  to  the  fixtures  in  all  cases. 
The  stand-pipes,  gas  pipes,  electric  wires,  hose,  foot-lights 
and  all  apparatus  for  the  extinguishing  of  a fire  or  guarding 
against  the  same,  as  in  this  section  specified,  shall  be  under 
the  control  of  the  Building  Inspector. 

§ 154.  A diagram  or  plan  of  each  tier,  gallery  or  floor, 
showing  distinctly  the  exits  therefrom,  each  occupying  a 
space  not  less  than  fifteen  square  inches,  shall  be  printed  in 
black  lines  in  a legible  manner  on  the  program  of  every  per- 
formance. Over  every  exit  on  the  inside,  shall  be  the  word 
“ EXIT,”  painted  in  legible  letters  not  less  than  eight  inches 
high. 

§155.  Over  all  exits  must  be  provided  a small  red  light 
which  shall  be  kept  burning  during  each  performance  and 
shall  be  controlled  by  a circuit  separate  from  the  other  lights 
of  the  house. 

§ 156.  The  Commissioner  of  Public  Safety  shall  assign 
to  every  theatre  one  or  more  firemen  for  duty  at  each  public 
performance.  They  shall  report  to  the  Commissioner  of 
Public  Safety  all  violations  of  law  relating  to  the  construction 
or  management  of  theatres,  the  existence  of  which  will  in- 
volve danger  to  the  public. 


178 


Code  of  Ordinances. 


TITLE  XXII. 

BUILDINGS  RAISED,  LOWERED,  ALTERED  OR 

MOVED. 

§ 157.  Within  the  fire  limits  it  shall  not  be  lawful  for 
the  owner  or  owners  of  any  brick  dwelling  house  with  eight- 
inch  walls  or  of  any  frame  building  already  erected  that  has 
a peaked  roof,  to  raise  the  same  for  the  purpose  of  making 
a flat  roof  thereon,  unless  the  same  be  raised  with  the  same 
kind  of  materials  as  the  building,  and  unless  such  new  roof 
be  covered  with  fire-proof  material  nor,  where  such  building 
is  of  frame  and  adjoins  a frame  building,  unless  there  is  a 
clear  space  of  at  least  three  (3)  feet  in  width  between  such 
adjoining  buildings,  or  in  the  absence  of  such  space,  that  the 
frame  walls  of  the  frame  building  to  be  raised,  which  adjoin 
the  frame  walls  of  such  other  frame  building,  be  filled  in 
solidly  with  not  less  than  two  and  one-half  (2%)  inches  of 
brickwork. 

And  provided  that  such  building,  when  so  raised,  shall 
not  exceed  thirty-six  (36)  feet  in  height  to  the  highest  part 
thereof. 

All  such  buildings  must  exceed  twenty-five  (25)  feet  in 
height  to  the  peak  of  the  main  roof  before  the  said  alteration 
and  raising. 

In  increasing  the  height  of  any  such  building  the  entire 
area  which  such  building  covers  may  be  raised  to  a uniform 
height. 

§ 158.  If  any  such  building  has  an  extension  of  less 
width  than  the  main  building  the  same  may  be  increased  in 
width  to  the  full  width  of  the  main  building,  with  the  same 
kind  of  material  and  to  the  same  height  as  the  main  building. 

Any  such  building  may  be  extended  either  on  the  front 
or  rear  to  a depth  of  not  more  than  twenty  feet  and  not  more 
than  the  width  of  the  building,  and  not  more  than  two  stories 
and  basement  in  height,  with  the  same  kind  of  material  as 
the  building;  provided,  however,  that  where  the  building  to 
be  enlarged  in  accordance  with  the  provisions  of  this  section 
is  of  frame,  and  adjoins  a frame  building,  it  shall  not  be  so 


Code  of  Ordinances. 


179 


enlarged  unless  there  is  a clear  space  of  at  least  three  (3)  feet 
in  width  between  such  adjoining  buildings,  or,  in  the  absence 
of  such  space,  unless  the  frame  walls  of  the  frame  buildings 
to  be  enlarged,  which  adjoin  the  frame  walls  of  such  other 
frame  building,  be  filled  in  solidly  with  not  less  than  two 
and  one-half  ( 2 inches  of  brickwork. 

§ 159.  If  any  building  shall  have  been  built  before  the 
street  upon  which  it  is  located  is  graded,  or  if  the  grade  is 
altered  such  building  may  be  raised  or  lowered  to  meet  the 
requirements  of  such  grade. 

§ 160.  Within  the  fire  limits  no  frame  building  more 
than  two  stories  in  height,  now  used  as  a dwelling,  shall 
hereafter  be  raised  or  altered  to  be  used  as  a factory,  ware- 
house or  stable. 

§ 161.  No  wood  building  within  or  without  the  fire 
limits  shall  be  moved  from  one  lot  to  another  until  a state- 
ment setting  forth  the  purpose  of  said  removal  and  the  uses 
to  which  said  building  is  to  be  applied  is  filed  with  the 
Building  Inspector,  and  a permit  obtained  therefor. 

No  wood  building  shall  be  moved  from  without  to  within 
the  fire  limits.  • 

§ 162.  Within  the  fire  limits  no  brick  building  shall  be 
enlarged  or  built  upon  unless  the  exterior  walls  of  said  ad- 
dition or  enlargement  be  constructed  of  incombustible  ma- 
terials; provided,  however,  that  such  brick  building  may  be 
raised,  lowered  or  altered  under  the  same  circumstances,  and 
in  the  manner  provided  for  in  this  Code. 

TITLE  XXIII. 

FIRE  LIMITS. 

§ 163.  No  frame  or  wooden  building  shall  be  erected 
within  the  following  described  boundaries,  viz: 

BEGINNING  at  the  point  of  intersection  of  the  bulk- 
head line  of  the  City  of  Yonkers  in  the  Hudson  River  with  a 
point  in  a line  drawn  parallel  with  and  distant  100  feet 


180 


Code  of  Ordinances. 


southerly  from  the  southerly  side  of  Lamartine  avenue ; 
thence  running  easterly  and  still  along  said  line  distant  100 
feet  south  of  the  southerly  side  of  Lamartine  avenue  to  the 
center  line  of  the  Croton  Aqueduct ; thence  south  still  along 
said  line  to  a point  in  a line  drawn  parallel  with  and  distant 
100  feet  north  of  the  northerly  side  of  Ashburton  avenue; 
thence  easterly  and  still  along  said  line  to  a point  in  a line 
drawn  parallel  with  and  distant  100  feet  westerly  from  the 
westerly  side  of  St.  Joseph’s  avenue;  thence  northerly  still 
along  said  line  to  a point  in  a line  drawn  parallel  with  and 
distant  100  feet  northerly  from  the  northerly  side  of  High 
street ; thence  easterly  still  along  said  line  to  a point  in  a line 
drawn  parallel  with  and  distant  100  feet  westerly  from  the 
westerly  side  of  Orchard  street;  thence  northerly  still  along 
said  line  to  a point  in  a line  drawn  parallel  with  and  distant 
100  feet  southerly  from  the  southerly  side  of  Glenwood. 
avenue;  thence  southwesterly  and  still  along  said  line  to  a 
point  in  a line  drawn  parallel  with  and  distant  100  feet 
easterly  from  the  easterly  side  of  Ridge  avenue ; thence 
northerly  and  still  along  said  line  to  a point  in  a line  drawn 
parallel  with  and  distant  100  feet  northerly  from  the  north- 
erly side  of  Lake  avenue;  thence  easterly  and- still  along  said 
line  to  a p.oint  in  a line  drawn  parallel  with  and  distant  100 
feet  easterly  from  the  easterly  side  of  Nepperhan  avenue; 
thence  southerly  and  still  along  said  line  to  a point  in  a line 
drawn  parallel  with  and  distant  100  feet  northerly  from  the 
northerly  side  of  Ashburton  avenue ; thence  easterly  and  still 
along  said  line  to  a point  on  a line  drawn  parallel  with  and 
distant  100  feet  southerly  from  the  southerly  side  of  Yonkers 
avenue;  thence  westerly  to  a line  100  feet  from  the  easterly 
side  of  Walnut  street;  thence  southerly  along  said  line  and 
along  a line  drawn  parallel  with  and  distant  100  feet  easterly 
from  the  easterly  side  of  Walnut  street  to  a point  in  a line- 
drawn  parallel  with  and  distant  100  feet  southerly  from  the 
easterly  prolongation  of  Poplar  street;  thence  westerly  still 
along  said  line  and  along  a line  drawn  parallel  with  and 
distant  100  feet  southerly  from  the  southerly  side  of  Poplar 
street  to  a point  in  a line  drawn  parallel  with  and  distant  1001 
feet  easterly  from  the  easterly  side  of  Oak  street;  thence 
southerly  along  said  line  and  along  a line  drawn  parallel  with 


Code  of  Ordinances. 


181 


and  distant  100  feet  easterly  from  the  southerly  prolongation 
of  Oak  street  to  a point  in  a line  drawn  parallel  with  and 
distant  100  feet  northerly  from  the  northerly  side  of  the 
easterly  prolongation  of  Alta  avenue;  thence  westerly  and 
still  along  a line  drawn  parallel  with  and  distant  100  feet 
northerly  from  the  northerly  side  of  the  easterly  prolonga- 
tion of  Alta  avenue  and  of  the  northerly  side  of  Alta  avenue 
to  a point  in  a line  drawn  parallel  with  and  distant  100  feet 
westerly  from  the  lands  of  the  Putnam  Division  of  the  New 
York  Central  and  Hudson  River  Railroad  company;  thence 
southerly  along  said  line  to  a point  in  a line  drawn  parallel 
with  and  distant  100  feet  southerly  from  the  southerly  side 
of  McLean  avenue;  thence  westerly  and  still  along  said  line 
to  a point  in  a line  drawn  parallel  with  and  distant  100  feet 
easterly  from  the  easterly  side  of  South  Broadway;  thence 
southerly  along  said  line  to  the  southerly  line  of  the  City  of 
Yonkers;  thence  westerly  still  along  said  southerly  line  of 
the  City  of  Yonkers  to  a point  in  a line  drawn  parallel  with 
and  distant  100  feet  westerly  from  the  westerly  side  of  South 
Broadway;  thence  northerly  along  said  line  to  a point  in  a 
line  drawn  parallel  with  and  distant  100  feet  southerly  from 
the  southerly  side  of  Morris  street;  thence  westerly  along 
said  line  to  a point  in  a line  drawn  parallel  with  and  distant 
100  feet  westerly  from  the  westerly  side  of  Riverdale  avenue; 
thence  northerly  along  said  line  to  a point  in  a line  drawn 
parallel  with  and  distant  100  feet  southerly  from  the  south- 
erly side  of  Ludlow  street;  thence  westerly  along  said  line 
and  to  the  bulkhead  line  of  the  Hudson  river,  and  thence 
northerly  along  said  bulkhead  line  to  the  point  or  place  of 
beginning. 

No  apartment  or  tenement  house  exceeding  forty  feet  in 
height  shall  hereafter  be  constructed  within  the  City  of 
Yonkers  so  as  to  constitute  a frame  building  within  the 
meaning  of  Section  13  of  this  Code,  nor  shall  any  frame 
building  which  shall  exceed  forty  feet  in  height  be  used  as 
apartment  or  tenement  house. 


182 


Code  of  Ordinances. 


TITLE  XXIV. 

FRAME  STRUCTURES,  SIGNS  AND  SHOW  BOARDS. 

§ 164.  The  provisions,  in  this  Title  contained,  shall 
apply  to  buildings  and  structures,  whether  temporary  or 
permanent,  withih.  the  fire  limits,  as  the  said  fire  limits  now 
are  or  from  time  to  time  may  hereafter  be  established. 

§ 165.  Temporary  one-story  frame  buildings  for  the 
uses  of  builders,  within  the  limits  of  lots  whereon  buildings 
are  in  course  of  erection,  or  on  adjoining  vacant  lots,  or 
platforms,  stands,  election  booths,  and  circus  or  exhibition 
tents,  intended  for  temporary  use  only,  may  be  erected,  upon 
permit  issued  by  the  Building  Inspector,  but  not  otherwise; 
but  no  such  permit  shall  authorize  the  maintenance  of  such 
temporary  building  or  other  structure  for  a period  exceeding 
three  months  from  the  date  of  said  permit,  unless  said  permit 
be  renewed  by  the  Building  Inspector  from  time  to  time 
for  consecutive  periods  not  exceeding  three  months. 

§ 166.  Fences  of  wood,  any  portion  of  which  shall  be 
distant  less  than  ten  (10)  feet  from  any  public  street  or  dis- 
tant less  than  30  feet  from  any  building,  shall  not  be  erected 
over  ten  (10)  feet  high  above  the  surface  of  the  ground,  and 
shall  be  properly  supported  and  braced  so  as  to  be  - safe. 
All  fences  of  any  character  shall  be  erected  wholly  within 
the  building  line. 

§ 167.  Signs  and  show  boards  may  be  placed  on  the 
fronts  of  buildings,  running  parallel  thereto,  and  projecting 
not  more  than  one  foot  from  the  front  wall  thereof,  or  may 
be  hung  or  attached  at  an  angle  to  the  front  of  buildings, 
and  projecting  not  more  than  six  (6)  feet  therefrom.  No 
sign  shall,  however,  project  beyond  the  curb  line  of  the 
street  or  be  less  than  ten  (10)  feet  in  the  clear  above  the 
level  of  the  sidewalk  in  front  of  the  building  to  which  it  is 
attached. 

All  signs  or  show  boards  to  which  there  is  attached  or 
fastened  an  electric  light  or  wire  or  connection  shall  be  con- 
structed entirely  of  metal,  including  the  uprights,  supports 


Code  of  Ordinances. 


183 


and  braces  for  the  same,  properly  and  firmly  attached  to  the 
building,  and  shall  be  so  constructed  and  attached  as  not  to 
be  or  become  dangerous,  and  no  such  sign  or  show  board,  to 
which  there  is  attached  or  fastened  an  electric  light  or  wire 
or  connection,  shall  be  constructed  or  erected  adjacent  to  a 
dwelling  house  without  the  consent  of  the  owner,  occupant 
or  agent  thereof.  No  sign  or  show  board  attached  to  the 
front  of  any  building  shall  contain  more  than  thirty  (30) 
square  feet. 

Every  sign  or  show  board  erected  on  the  roof  or  above 
the  front  wall  or  cornice  line  of  any  building  shall  be  securely 
braced  and  fastened,  and  shall  not  extend  above  the  roof  to 
a height  more  than  double  the  distance  between  any  point 
on  the  edge  of  the  roof  and  the  portion  of  said  sign  or  show 
board  nearest  thereto,  nor,  in  respect  to  any  sign  or  show 
board  erected  above  the  front  wall  or  cornice  line  of  any 
building,  to  a greater  height  than  ten  (10)  feet;  provided, 
however,  that  nothing  herein  contained  shall  restrict  the 
height  of  any  sign  or  show  board  erected  on  the  roof  of  any 
building,  to  less  than  ten  (10)  feet. 

Before  any  sign  or  show  board  shall  be  placed  upon  the 
front,  or  on  the  roof  or  above  the  front  wall  or  cornice  line 
of  any  building,  a plan  and  specification  of  said  sign  or  show 
board  and  of  the  manner  of  attaching  the  same,  as  provided 
by  Section  2 of  this  Code,  shall  be  filed  with  and  be  approved 
by  the  Building  Inspector,  and  a permit  therefor  by  him 
issued;  and  a bond  in  such  penal  sum  not  exceeding  two 
thousand  ($2,000.00)  dollars  as  may  be  fixed  by  the  Building 
Inspector,  approved  as  to  sureties  by  the  Mayor  and  as  to 
form  by  the  Corporation  Counsel,  shall  be  filed  with  the 
Building  Inspector,  conditioned  for  the  payment  to  the  City 
of  Yonkers  of  any  loss  or  damage  incurred  by  reason  of  said 
sign  or  show  board  or  the  erection  or  maintenance  thereof. 

If  the  Building  Inspector  shall  at  any  time  deem  any 
fence,  bill  board,  sign  or  show  board  dangerous  or  unsafe, 
he  may  on  five  (5)  days’  notice  revoke  the  permit  therefor, 
and  the  same  shall  be  removed  forthwith  by  the  owner. 

§ 168.  Signs  or  bill  boards  of  wood  or  metal  erected 
upon  uprights  or  other  supports  extending  into  the  ground 


184 


Code  of  Ordinances. 


shall  be  properly  supported  and  braced,  and  shall  not  be 
more  than  ten  (10)  feet  in  height. 

Before  any  wood  or  metal  sign  or  bill  board  shall  be 
placed  in  position,  a permit  shall  first  be  obtained  from  the 
Building  Inspector,  in  accordance  with  the  provisions  of 
Section  2 of  this  Code. 

§ 169.  Drop-awnings,  without  vertical  supports,  are 
permitted  on  the  front  of  any  building,  but  the  same  shall 
not  in  any  case  extend  more  than  six  (6)  feet  beyond  the 
building  line,  and  shall  be  at  least  seven  (7 ) feet  in  the  clear 
above  the  sidewalk. 

§ 170.  Piazzas  or  balconies  of  wood  which  do  not  ex- 
ceed 12  feet  in  width  on  buildings  other  than  frame  buildings 
may  be  erected,  provided  a permit  from  the  Building  In- 
spector be  granted  therefor. 

The  roofs  of  all  piazzas  shall  be  covered  with  some  fire 
proof  material. 

§ 171.  Every  wood  or  frame  building  within  the  fire 
limits  with  a brick  or  other  front,  which  may  hereafter  be 
damaged  to  an  amount  not  greater  than  one-half  of  the  value 
thereof,  exclusive  of  the  valuation  of  the  foundation  thereof 
at  the  time  of  such  damage,  may  be  repaired  or  rebuilt; 

But  if  such  damage  shall  amount  to  more  than  one-half 
of  such  value  thereof,  exclusive  of  the  value  of  the  founda- 
tion, then  such  building  shall  not  be  repaired  or  rebuilt,  but 
shall  be  taken  down,  except  as  provided  in  this  Code. 

§ 172.  The  provisions  of  the  following  sections  of  this 
title  shall  apply  to  frame  or  other  buildings  hereafter  erected 
outside  of  the  fire  limits,  as  the  same  are  now  or  may  here- 
after be  established,  in  portions  of  the  City  of  Yonkers,  where 
streets  are  now  and  where  they  may  hereafter  be  legally 
established. 

§173.  Three-story  frame  buildings  may  be  erected  to  a 
height  not  exceeding  forty  feet,  said  height  being  taken  from 
the  curb-line,  where  same  exists,  at  the  center  of  front  or 
side  of  building  on  which  main  entrance  to  upper  floors  is 
located. 

Where  the  walls  of  a building  do  not  adjoin  the  street 


Code  of  Ordinances. 


185 


or  building  line  the  average  level  of  the  ground  on  which  the 
building  stands  may  be  taken  in  place  of  the  curb-line. 

The  measurement  for  height  shall  be  to  the  highest 
point  of  roof-beams  in  case  of  flat -roof  buildings,  and  to  the 
average  height  of  gable  or  roof  in  case  of  pitched  roofs. 

Towers,  turrets  and  minarets  of  wood  may  be  erected 
to  a height  not  to  exceed  ten  feet  greater  than  the  foregoing 
limited  height. 

§ 174.  The  framing  of  all  wooden  buildings  may  be 
done  in  either  of  the  styles  known  as  balloon  or  mortise  and 
tenon.  If  done  in  the  balloon  style  the  upright  framing 
shall  be  sheathed  with  boards  not  less  than  seven-eighths  of 
an  inch  thick.  In  no  case  shall  a balloon  frame  be  used 
unless  sheathing  of  at  least  seven-eighths  of  an  inch  in  thick- 
ness is  used. 

No  frame  building  shall  hereafter  be  erected  unless  there 
be  a clear  space  of  at  least  three  feet  from  another  frame 
building,  or  in  the  absence  of  such  a space  unless  a brick 
wall  be  used  on  the  side  of  the  building  adjoining  said  frame 
building  of  a thickness  hereinbefore  prescribed. 

In  all  cases  when  balloon  framing  is  used  pieces  must  be 
cut  in  between  the  upright  framing  at  each  floor  line  to  form 
a good  and  sufficient  fire  stop. 

If  done  in  the  mortise  and  tenon  style,  the  upright  fram- 
ing may  be  sheathed  or  not ; if  not  sheathed,  the  framing  to 
be  braced  with  as  long  angle  braces  as  possible  from  sills  to 
girts,  and  from  girts  to  plates  or  from  corner  posts  (Braces 
cut  in  between  studs  shall  not  be  permitted.) 

The  corner  posts  of  any  style  of  frame  buildings  must 
not  be  less  than  four  by  six  (4x6)  inches;  girts  or  ribbon 
pieces  for  balloon  frame,  one  and  one  quarter  by  four  and  a 
half  (1XX4K)  inches  of  yellow  pine;  girts  or  interstices  for 
mortise  and  tenon  style  to  be  not  less  than  four  by  four  (4x4) 
inches ; sills  for  all  styles  of  framing  to  be  not  less  than  three 
by  six  (3x6)  or  four  by  four  (4x4)  inches.  In  the  erection  of 
wooden  buildings  in  blocks  of  two  or  more,  the  said  buildings 
shall  have  dividing  or  party  walls  of  brick,  not  less  than  eight 
inches  thick,  or  the  party  partitions  shall  be  filled  with  brick 
or  concrete,  said  walls  to  extend  from  the  foundation  to  the 
roof. 


186 


Code  of  Ordinances 


§ 175.  Frame  buildings  may  be  altered,  extended, 
raised  or  repaired,  provided  the  new  portions  comply  with 
the  provisions  of  this  Code. 

§ 176.  Frame  buildings  veneered  on  the  outside  with 
four  inches  of  brick  or  stone  work  shall  be  deemed  frame 
buildings,  but  such  brick  or  stone  work  shall  be  supported 
on  a continuous  foundation  of  masonry,  and  shall  be  properly 
anchored  to  the  frame  structure.  The  height  of  any  such 
veneered  building  shall  not  exceed  three  (3)  stories,. 


TITLE  XXV. 

BUILDING  INSPECTOR. 

§ 177.  The  Building  Inspector  shall  examine  all  build- 
ings in  the  course  of  erection  as  often  as  practicable,  and 
shall  make  written  reports  to  the  Commissioner  of  Public 
Safety,  including  all  violations  of  this  Code,  together  with  the 
street  and  number  where  such  violations  are  found,  the  name 
of  the  owner,  agent  or  contractor,  and  other  matters  relative 
thereto.  The  inspectors  of  buildings  shall,  under  the  direc- 
tion of  the  Commissioner  of  Public  Safety,  examine  all 
buildings  damaged  by  fire  or  accident ; a record  shall  be  made 
of  all  walls  or  buildings  found  unsafe  or  dangerous,  with  the. 
name  of  the  owner  or  agent,  and  the  street  and  number  where 
such  dangerous  walls  or  buildings  exist. 

VIOLATIONS,  PENALTIES  AND  PROCEEDINGS— UN- 
SAFE BUILDINGS. 

§ 178.  The  violation  of  any  of  the  provisions  of  this 
Code,  or  failure  to  comply  therewith,  shall  constitute  a mis- 
demeanor, punishable  by  a fine  which  shall  not  exceed  one 
hundred  and  fifty  ($150.00)  dollars,  or  by  imprisonment  not 
exceeding  one  hundred  and  fifty  days,  or  by  both  such  fine 
and  imprisonment,  and  the  owner  or  owners  of  any  building, 
structure  or  part  thereof,  or  wall,  or  any  platform,  staging  or 


Code  of  Ordinances. 


187 


flooring  to  be  used  for  standing  or  seating  purposes,  where  any 
violation  of  this  Code  shall  be  placed,  or  shall  exist,  and  any 
architect,  civil  engineer,  builder,  plumber,  carpenter,  mason, 
contractor,  sub-contractor,  foreman  or  any  other  person  who 
may  be  employed  or  assist  in  the  commission  of  any  such 
violation,  and  any  and  all  persons  who  shall  violate  any  of 
the  provisions  of  this  Code  or  fail  to  comply  therewith,  or 
any  requirements  thereof,  or  who  shall  violate,  or  fail  to 
comply  with,  any  order  or  regulation  made  thereunder,  or 
who  shall  build  in  violation  of  any  detailed  statement  of 
specifications  or  plans,  submitted  and  approved  thereunder 
or  of  any  certificate  or  permit  issued  thereunder,  shall  be 
severally  liable  for  each  and  every  such  violation  and  non- 
compliance;  provided,  however,  that  notice  of  such  violation 
or  non-compliance  shall  first  be  given  as  hereinafter  pre- 
scribed, and  shall  not  have  been  complied  with  within  two 
(2)  days  thereafter. 

§ 179.  All  the  officials  of  the  Department  of  Buildings, 
so  far  as  it  may  be  necessary  for  the  performance  of  their 
respective  duties,  have  the  right  to  enter  any  building  or 
premises  in  the  City  of  Yonkers  upon  showing  their  badge 
of  office. 

§ 180.  Whenever  the  Building  Inspector  is  satisfied 
that  any  building  or  structure,  or  any  portion  thereof,  or 
any  drainage  or  plumbing,  the  erection,  construction  or 
alteration,  execution  or  repair  of  which  is  regulated,  permitted 
or  forbidden  by  this  Code,  is  being  erected,  constructed, 
altered  or  repaired,  or  has  been  erected,  constructed,  altered 
or  repaired,  in  violation  of,  or  not  in  compliance  with  any 
of  the  provisions  or  requirements  of  this  Code,  or  in  violation 
of  any  detailed  statement  or  specifications  or  plans  sub- 
mitted and  approved  thereunder,  or  of  any  certificate  or 
permit  issued  thereunder,  or  that  any  provision  or  require- 
ment of  this  Code,  or  any  order  or  direction  made  thereunder, 
has  not  been  complied  with,  or  that  plans  and  specifications 
for  plumbing  and  drainage  have  not  been  submitted  or  filed 
as  required  by  this  Code,  the  Building  Inspector  may  in  his 
discretion  through  the  Corporation  Counsel  institute  any 
appropriate  action  or  proceeding,  at  law  or  in  equity,  in 


188 


Code  of  Ordinances. 


behalf  of  the  city,  to  compel  compliance  with,  or  to  restrain 
by  injunction  such  violation  of  the  provisions  of  this  Code, 
notwithstanding  the  penalties  hereinabove  provided  for  such 
violations. 

§ 181.  All  notices  of  the  violation  of  any  of  the  pro- 
visions of  this  Code,  and  all  notices  directing  anything  to  be 
done,  required  by  this  Code,  and  all  other  notices  that  may 
be  required  or  authorized  to  be  issued  thereunder,  including 
notice  that  any  building,  structure,  premises,  or  any  part 
thereof,  are  deemed  unsafe  or  dangerous,  shall  be  issued  by 
the  Building  Inspector,  and  shall  have  his  name  affixed 
thereto,  and  may  be  served  by  any  officer  or  employe  of  the 
Department  of  Buildings  or  by  any  person  authorized  by 
the  said  Department. 

All  such  notices  may  be  served  by  delivering  to  and 
leaving  a copy  of  the  same  with  any  person  violating,  or 
who  may  be  liable  under  any  of  the  several  provisions  of 
this  Code,  or  to  whom  the  same  may  be  addressed,  or  by 
mailing  the  same  to  such  person  at  his  last  known  place  of 
residence,  inclosed  in  a securely  closed,  postpaid  wrapper, 
and  deposited  in  the  post  office  or  in  any  post  office  box 
regularly  maintained  by  the  government  of  the  United  States 
and  under  the  care  of  the  post  office  of  the  City  of  Yonkers, 
or,  if  such  person  be  a non-resident  or  cannot  be  found  after 
diligent  search  shall  have  been  made  for  him  or  if  his  place 
of  residence  be  unknown,  then  such  notice  may  be  served 
by  posting  the  same  in  a conspicuous  place  upon  the  premises 
where  such  violation  is  alleged  to  have  been  placed  or  to 
exist,  or  to  which  such  notice  may  refer  or  which  may  be 
deemed  unsafe  or  dangerous,  which  shall  be  equivalent  to  a 
personal  service  of  said  notice  upon  all  parties  for  whom  such 
search  shall  have  been  made. 

Such  notice  shall  contain  a description  of  the  building’ 
premises  or  property  on  which  such  violation  shall  have  been 
put  or  may  exist,  or  which  may  be  deemed  unsafe  or  danger- 
ous, or  to  which  such  notice  may  refer. 

§ 182.  Any  building  or  buildings,  part  or  parts  of  a 
building,  staging  or  other  structure  in  the  City  of  Yonkers, 
that  from  any  cause  may  now  be,  or  shall  at  any  time  here- 


Code  of  Ordinances. 


189 


after  become  dangerous  or  unsafe,  may  be  taken  down  and 
removed,  or  made  safe  and  secure,  in  the  following  manner: 

Immediately  upon  such  unsafe  or  dangerous  building  or 
buildings,  or  part  or  parts  of  a building,  staging  or  structure, 
being  so  reported  by  any  of  the  officers  of  said  Department 
of  Buildings,  the  same  shall  be  immediately  entered  upon  a 
docket  of  unsafe  buildings  to  be  kept  by  the  Building  In- 
spector. 

And  the  owner,  or  some  of  the  owners,  executors,  ad- 
ministrators, lessees,  agents,  or  any  other  person  or  persons 
who  may  have  a vested  or  contingent  interest  in  the  same, 
may  be  served  with  a printed  or  written  notice  containing  a 
description  of  the  premises  or  structure  deemed  unsafe  or 
dangerous,  requiring  the  same  to  be  made  safe  and  secure, 
or  removed  as  the  same  may  be  deemed  necessary  by  the 
Building  Inspector. 

Which  said  notice  shall  require  the  person  or  persons 
thus  served  to  immediately  certify  to  the  said  Inspector  his 
or  their  assent  or  refusal  to  secure  or  remove  the  same. 

If  the  person  or  persons  so  served  with  notice  shall  im- 
mediately certify  his  or  their  assent  to  the  securing  or  re- 
moval of  said  unsafe  or  dangerous  building,  premises  or 
structure,  he  or  they  shall  be  allowed  until  one  o’clock  p.  m., 
of  the  day  following  the  service  of  such  notice,  in  which  to 
commence  the  securing  or  removal  of  the  same;  and  he  or 
they  shall  employ  sufficient  labor  and  assistance  to  secure 
or  remove  the  same  as  expeditiously  as  the  same  can  be  done. 

But  upon  his  or  their  refusal  or  neglect  to  comply  with 
any  of  the  requirements  of  said  notice  so  served,  the  Building 
Inspector  shall  forthwith  certify  to  the  Common  Council  the 
fact  of  such  refusal  and  neglect  to  secure  or  remove  such 
unsafe  or  dangerous  building,  premises  or  structure,  and  that 
such  building,  premises  or  structure  is  dangerous  to  human 
life,  and  should  be  rendered  safe  or  be  razed  and  demolished, 
as  the  case  may  be,  and  the  Inspector  of  Buildings  shall  also 
forthwith  cause  the  necessary  work  to  be  done  and  materials 
to  be  furnished  to  render  said  building  or  buildings,  premises 
or  structure  or  structures  safe  and  secure,  or  he  may,  in  his 
discretion,  where  the  public  safety  requires  it,  cause  the  same 
to  be  razed  and  demolished,  and,  for  the  purposes  aforesaid, 


190 


Code  of  Ordinances. 


it  shall  be  the  duty  of  the  Commissioner  of  Public  Works  and 
of  the  Commissioner  of  Public  Safety,  when  called  upon  by 
the  Inspector  of  Buildings,  to  co-operate  with  the  employees, 
tools  and  materials  of  their  respective  departments  to  perform 
such  work  as  speedily  as  possible.  The  cost  of  such  work,, 
labor  and  materials  shall  constitute  a debt  of  the  owner  of 
such  building  or  buildings,  premises  or  structure  or  structures 
to  the  City  of  Yonkers,  the  same  to  be  sued  for  and  recovered 
by  the  city  in  a civil  action. 


TITLE  XXVI. 

EXISTING  SUITS  AND  LIABILITIES— INVALIDITY 
OF  ONE  SECTION  NOT  TO  INVALIDATE  ANY 

OTHER. 

§ 183.  Nothing  in  this  Code  contained  shall  be  con- 
strued to  affect  any  suit  or  proceeding  now  pending  in  any 
court,  or  any  rights  acquired,  or  liability  incurred,  nor  any 
cause  or  causes  of  action  accrued  or  existing,  under  any  act 
or  ordinance  repealed  hereby.  Nor  shall  any  right  or  remedy 
of  any  character  be  lost,  impaired  or  affected  by  this  Code. 

§ 184.  The  invalidity  of  any  section  or  provision  of 
this  Code  shall  not  invalidate  any  other  section  or  provision 
thereof. 


ARTICLE  XIX. 

GOVERNING  THE  CONSTRUCTION  AND  LICENSING 
OF  VAULTS  AND  CISTERNS  IN  THE  CITY  OF 

YONKERS. 

Section  1.  The  Commissioner  of  Public  Works,  on  ap- 
plication for  that  purpose,  is  empowered  to  give  permission 
to  construct  or  make  any  vaults  or  cisterns  in  the  streets  or 
to  continue  the  existence  of  any  such  already  constructed  or 


Code  of  Ordinances. 


191 


made,  provided,  in  the  opinion  of  said  Commissioner,  no 
injury  or  unwarranted  inconvenience  will  accrue  to  the  city 
or  the  public  thereby. 

§ 2.  Every  description  of  opening  below  the  surface  of 
the  street  in  front  of  any  shop,  store,  house  or  other  building 
or  any  lot,  if  covered  over,  shall  be  considered  and  held  to 
be  a vault  or  cistern  within  the  meaning  of  this  ordinance; 
and  the  master  builder,  or  owner,  or  person  for  whom  the 
same  shall  be  made  or  constructed  shall  be  liable  to  the 
provisions,  payments  and  penalties  of  this  ordinance  severally 
and  respectively;  provided,  however,  that  this  section  shall 
not  be  construed  to  refer  to  areaways  or  to  openings  for  gas, 
electric  or  water  service  pipes  or  conduits. 

§ 3.  No  person  shall  cause  or  procure  any  vault  or 
cistern  to  be  constructed  or  made  in  any  of  the  streets  of 
the  City  of  Yonkers  without  the  written  license  therefor  of 
the  Commissioner  of  Public  Works  under  the  penalty  of  a 
fine  of  one  hundred  ($100.00)  dollars  for  such  violation  of 
this  ordinance  and  the  additional  penalty  of  a fine  of  ten 
($10.00)  dollars  for  each  day  during  which  said  work  of  con- 
struction shall  proceed  without  a license  therefor  and,  in 
addition,  he  shall  fill  in  the  space  occupied  by  such  vault, 
and  restore  the  ground  to  its  former  condition;  in  default 
whereof,  the  said  Commissioner  shall  perform  such  work  and 
the  cost  thereof  shall  constitute  a debt  of  such  person  to 
the  City  of  Yonkers,  the  same  to  be  sued  for  and  recovered 
by  the  city  in  a civil  action. 

§ 4.  Every  application  for  such  license  to  construct  or 
make  such  vault  or  cistern,  shall  be  in  writing,  and  signed 
by  the  person  making  the  same,  with  his  address,  and  the 
location  of  such  proposed  vault  or  cistern,  shall  state  the 
number  of  square  feet  of  ground  which  is  required  for  such 
vault  or  cistern,  the  intended  length  and  width  of  the  same, 
and  the  number  of  square  feet  in  any  retaining  wall  necessary 
to  retain  or  support  the  adjoining  ground  or  street. 

Every  such  application  shall  be  kept  on  file  in  the  office 
of  the  Commissioner  of  Public  Works  as  a public  record, 
and  a reference  thereto,  with  the  date  of  filing  thereof, 
shall  appear  on  every  license  issued  on  every  such  applica- 


192 


Code  of  Ordinances. 


tion;  and  no  person,  except  the  owner  of  such  vault  or 
cistern,  or  of  the  premises  in  front  of  which  it  shall  be  placed 
shall  be  entitled  to  make  such  application. 

§ 5.  Before  obtaining  any  such  license,  the  person  so 
applying  therefor  shall  pay  to  the  Commissioner  of  Public 
Works  such  sum  of  money  as  the  Commissioner  shall  certify 
in  said  license  to  be  a just  compensation  to  the  city  for 
such  privilege,  calculated  at  the  rate  of  not  less  than  fifty 
(50)  cents,  nor  more  than  one  dollar  and  a half  ($1.50)  per 
foot,  for  each  square  foot  of  ground  mentioned  as.  required 
for  such  vault  or  cistern,  and  shall  also  deliver  a bond  to  the 
City  of  Yonkers,  with  two  sureties,  in  an  amount  to  be  de- 
termined by  the  Commissioner  of  Public  Works,  which  shall 
be  at  least  twice  the  amount  estimated  by  said  Commissioner 
to  be  the  cost  of  filling  in  the  space  occupied  by  such  vault 
or  cistern  and  restoring  the  ground  to  its  former  condition, 
conditioned  for  the  payment  to  said  city  of  any  cost  or  dam- 
age occasioned  it  by  said  filling  in  and  restoration  of  said 
ground  and  for  all  costs  and  charges  of  any  action  which  the 
city  may  bring  thereon,  and  for  keeping  the  pavement,  af- 
fected by  constructing  such  vault  or  cistern,  secure  and  in 
good  order  and  repair  for  one  year  after  the  completion  of 
such  vault  or  cistern,  which  said  bond  shall  be  approved  by 
the  Corporation  Counsel  as  to  form  before  the  obtaining  of 
such  license ; provided,  however,  that  in  fixing  the  license  fee 
and  determining  the  amount  of  the  bond,  above  mentioned,, 
the  number  of  square  feet  included  in  any  wall  necessary 
to  support  and  maintain  the  adjoining  ground  or  street,  shall 
be  excluded  from  such  calculation  and  estimation,  except 
that  the  number  of  square  feet  included  in  any  partition 
wall  of  any  such  vault  or  cistern  shall  not  be  so  excluded 
from  such  calculation  or  estimation. 

§ 6.  In  case  of  the  revocation  of  any  such  license,  the 
Commissioner  of  Public  Works  is  hereby  authorized,  em- 
powered and  directed  to  fill  in  the  space  occupied  by  any 
such  vault  or  cistern,  the  license  for  which  shall  have  been 
revoked,  and  to  restore  the  ground  to  its  former  condition,, 
and  thereupon  to  notify  the  Corporation  Counsel  thereof  and 
of  the  cost  of  such  filling-in  and  restoration  work,  who  shall 


Code  of  Ordinances. 


193 


at  once  bring  an  action  against  all  the  parties  on  the  bond 
accompanying  any  such  license  or  the  owner  of  such  vault 
or  cistern  or  of  the  premises  in  front  of  which  the  same  shall 
be  placed  severally  and  respectively  for  the  recovery  of  the 
said  cost  to  which  the  city  shall  have  been  put;  provided, 
however,  that  before  the  said  Commissioner  shall  so  notify 
the  Corporation  Counsel,  or  proceed  to  fill  in  and  restore 
said  ground  in  any  case,  he  shall  notify  the  person  whose 
license  shall  have  been  revoked,  to  himself  do  such  filling-in 
and  restoration,  and  giving  the  reason  for  such  revocation, 
within  ten  days  thereafter,  and  upon  the  failure  of  such  notice 
to  be  observed  within  such  time,  said  Commissioner  shall 
immediately  thereafter  proceed  with  such  work  of  filling-in 
and  restoration. 

§ 7.  No  person  shall  construct  or  make,  or  cause  or 
permit  to  be  constructed  or  made,  any  vault  or  cistern 
which  shall  extend  further  than  the  line  of  the  sidewalk  or 
curbstone  of  any  street,  under  penalty  of  a fine  of  one  hun- 
dred ($100.00)  dollars,  and  the  filling-in  of  such  excessive 
space  in  accordance  with  the  provision  of. this  ordinance  at 
his  expense  and,  in  addition,  the  Commissioner  of  Public 
Works  may  revoke  his  license. 

§ 8.  It  shall  be  the  duty  of  every  person  for  whom  any 
vault  or  cistern  may  be  in  process  of  construction  to  procure 
the  same  to  be  measured  by  a competent  surveyor  of  the 
City  of  Yonkers,  and  to  deliver  to  the  Commissioner  of 
Public  Works  a certificate  of  the  said  measurement,  signed 
by  said  surveyor,  before  the  arching  of  such  vault  or  cistern 
shall  be  commenced  under  penalty  of  a fine  of  one  hundred 
($100.00)  dollars.  The  enlargement,  or  increase  in  size  of 
any  such  vault  or  cistern  shall  be  construed  to  be  an  original 
new  -and  independent  and  separate  construction  and  shall 
be  governed  by  the  provisions  of  this  article  as  in  the  case 
of  an  original,  new  and  independent  and  separate  construc- 
tion thereof,  except  that  the  fee  for  such  enlargement  shall 
be  based  only  on  the  measurement  of  such  enlargement. 

§ 9.  If  it  shall  appear  by  such  certificate  or  otherwise, 
that  such  vault  or  cistern  occupies  a greater  number  of 
square  feet  than  shall  have  been  paid  for  as  aforesaid,  the 


194 


Code  of  Ordinances. 


owner  of  such  vault  or  cistern,  and  the  master-builder  by 
whom  or  under  whose  direction  such  vault  or  cistern  shall 
have  been  constructed,  shall,  in  addition  to  the  penalty  im- 
posed by  this  ordinance,  severally  and  respectively  forfeit 
and  pay  twice  the  sum  previously  paid  for  each  square  foot 
of  ground  occupied  by  such  vault  or  cistern  over  and  above 
the  number  of  square  feet  paid  for  on  obtaining  the  license, 
and,  in  addition,  the  Commissioner  of  Public  Works  may 
revoke  said  license,  if,  in  his  opinion,  the  circumstances  of 
the  case  so  require. 

§ 10.  All  vaults  or  cisterns  shall  be  constructed  of 
brick,  stone  or  concrete,  and  the  outward  side  of  any  opening 
into  the  street  shall  be  placed  at  a point  to  be  designated 
by  the  Commissioner  of  Public  Works,  under  penalty  of  a 
fine  of  one  hundred  ($100.00)  dollars,  to  be  paid  by  the  owner 
of  the  land  to  which  said  vault  shall  belong  or  person  making 
or  causing  the  same  to  be  made  severally  and  respectively. 

§11.  All  openings  in  the  roofs  of  vaults  shall  be  covered 
with  glass  set  in  iron  frames,  each  unit  of  glass  to  measure 
not  more  than  sixteen  square  inches,  or  with  iron  covers 
having  a rough  surface  and  rabbeted  into  or  made  flush  with 
the  sidewalk,  under  penalty  of  a fine  of  twenty-five  ($25.00) 
dollars,  to  be  paid  by  the  owner  of  the  land  to  which  such 
vault  shall  belong,  or  the  person  making  or  causing  the  same 
to  be  made,  severally  and  respectively. 

§ 12.  Every  owner  or  occupant  of  any  house  or  lot  of 
ground  within  the  City  of  Yonkers,  before  which  any  vault, 
pit,  hole,  cistern  or  well  shall  be  constructed  or  made,  and 
every  person  making  or  having  charge  of  any  such  vault, 
pit,  hole,  cistern  or  well,  shall  during  the  whole  of  every 
night  while  any  such  vault,  pit,  hole,  cistern  or  well  shall 
be  opened  or  uncovered,  cause  the  same  to  be  guarded  and 
enclosed  with  a strong  box  or  curb  at  least  three  feet  high 
and  a lighted  lamp  or  lantern  to  be  placed  and  kept  thereon 
and  so  as  to  cast  a red  light  upon  such  vault,  pit,  hole, 
cistern  or  well  during  the  whole  of  every  night,  under  penalty 
of  a fine  of  twenty-five  ($25.00)  dollars  for  each  night  said 
vault,  pit,  hole,  cistern  or  well  shall  fail  to  be  so  guarded  and 
enclosed  and  so  lighted. 


Code  of  Ordinances. 


195 


§ 13.  All  vaults  and  cisterns  shall  be  completed  and 
the  ground  closed  over  them  within  three  weeks  after  their 
construction  is  commenced,  under  the  penalty  of  a fine  of 
five  ($5.00)  dollars  for  every  day  thereafter  during  which  the 
same  shall  remain  uncompleted  and  unenclosed,  to  be  paid 
by  the  owner  or  builder  of  the  same,  severally  and  respect- 
ively, unless  an  extension  of  time  shall  be  granted  by  the 
Commissioner  of  Public  Works  who  is  empowered  to  fill  in 
and  restore  the  space  occupied  by  said  vaults  or  cisterns  on 
ten  days’  written  notice  to  the  owner  thereof  so  to  do  in 
the  manner  prescribed  in  Section  6 of  this  article,  if,  in  his 
opinion,  the  public  interests  so  require. 

§ 14.  Every  person  owning  any  vault  or  cistern  in  the 
City  of  Yonkers,  which  has  been  heretofore  constructed  or 
made  pursuant  to  any  ordinance  heretofore  enacted,  or  other- 
wise in  accordance  with  law,  shall  apply  for  a license  for  the 
continued  existence  thereof,  or  fill  in  the  space  occupied 
thereby  and  restore  the  ground  to  its  former  condition. 
The  procedure  to  be  followed  in  every  such  case  shall  be 
the  same  as  that  prescribed  herein  for  an  application  for 
license  to  construct  or  make  any  such  vault,  or  cistern,  except 
that  all  the  provisions  of  this  article  relative  to  measurements, 
payment  of  license  fees  and  giving  of  bond  shall  be  construed 
as  relating  to  a completed  structure,  and  due  credit  shall  be 
given  for  any  payment  heretofore  made  to  the  city  for  any 
such  construction.  In  the  event  of  the  failure  of  any  such 
person  to  apply  for  such  license,  or  to  fill  in  the  vault  space 
and  restore  the  ground,  or  in  the  event  of  the  denial  of  any 
such  application  for  license,  the  Commissioner  of  Public 
Works  shall  notify  such  owner  in  writing  to  make  such  appli- 
cation or  fill  in  such  space  and  restore  the  ground  within  ten 
days  from  the  date  of  such  notice,  and  upon  default  thereof 
said  Commissioner  shall  proceed  to  fill  in  such  space  and 
restore  such  ground,  and  the  cost  of  such  filling-in  and 
restoration  shall  constitute  a debt  of  such  owner  to  the  City 
of  Yonkers,  the  same  to  be  sued  for  and  recovered  by  the 
city  in  a civil  action;  provided,  however,  that  said  Commis- 
sioner is  empowered  to  waive  the  requirements  of  this  article 
as  to  building  material  and  manner  of  construction  as  to 


196 


Code  of  Ordinances. 


vaults  or  cisterns  lawfully  constructed  prior  to  the  taking 
effect  of  this  ordinance,  if,  in  his  opinion,  the  public  interests 
so  permit. 

§ 15.  No  application  for  the  construction  or  making  of 
any  vault  or  cistern  in  the  City  of  Yonkers  or  for  the  con- 
tinued existence  of  any  such  already  constructed  or  made, 
shall  be  granted  if  in  the  opinion  of  the  Commissioner  of 
Public  Works,  the  public  interests  require  its  denial. 

§ 16.  In  addition  to  the  penalties  herein  prescribed,  the 
Commissioner  of  Public  Works  may  revoke  any  and  all 
licenses  for  any  such  vaults  or  cisterns  if,  in  his  opinion,  the 
public  interests  so  require. 

§ 17.  In  case  of  the  denial  of  any  such  application,  or 
the  revocation  of  any  such  license  by  the  Commissioner  of 
Public  Works,  as  permitted  by  Sections  15  and  16  of  this 
article,  he  shall  notify  said  applicant,  or  the  licensee  whose 
license  shall  have  been  so  revoked,  or  the  denial  of  said  ap- 
plication, or  revocation  of  such  license  as  the  case  may  be, 
in  writing,  giving  his  reason  for  such  denial  or  revocation. 

§ 18.  In  case  of  the  denial  by  the  Commissioner  of 
Public  Works  of  an  application  for  any  such  license,  or  of 
its  revocation  by  him,  as  herein  provided,  the  applicant 
therefor,  or  holder  of  the  license  which  may  have  been  so 
revoked,  may  appeal  from  the  decision  of  said  Commissioner 
to  the  Board  of  Estimate  and’  Apportionment  of  the  City  of 
Yonkers.  Such  appeal  shall  be  in  writing,  giving  the  address 
of,  and  verified  by  the  oath  of  the  appellant,  and  one  original 
copy  thereof  shall  be  served  personally  upon  the  clerk  of 
said  board,  the  Commissioner  of  Public  Works  and  upon  the 
Corporation  Counsel  of  the  City  of  Yonkers,  and  at  the  same 
time  the  appellant  shall  pay  to  the  said  clerk  of  said  board 
the  sum  of  ten  ($10.00)  dollars.  Such  appeal  shall  include 
a copy  of  the  application  for  such  license,  with  its  date  of 
filing  in  the  office  of  the  Commissioner  of  Public  Works  a 
copy  of  such  license  in  case  a license  shall  have  been  issued, 
and  a copy  of  the  reasons  relied  on  by  the  Commissioner  of 
Public  Works  as  justifying  him  in  denying  the  application, 
or  in  revoking  such  license,  as  the  case  may  be.  Such  service 


Code  of  Ordinances. 


197 


with  the  payment  of  the  said  sum  of  ten  ($10.00)  dollars, 
shall  act  as  a stay  in  preventing  said  Commissioner  from 
filling  in  and  restoring  the  space  occupied  by  any  such  vault 
or  cistern  which  shall  have  been  constructed  or  made  pur- 
suant to  any  such  license,  or  which  may  have  been  heretofore 
•constructed  or  made  pursuant  to  any  ordinance  heretofore 
•enacted,  or  otherwise  in  accordance  with  law,  until  the  de- 
cision of  the  Board  of  Estimate  and  Apportionment  on  said 
appeal.  The  decision  of  said  Board  shall  be  entered  on  the 
minutes  thereof,  and  a copy  thereof,  over  the  signature  of 
its  clerk,  mailed  to  the  Commissioner  of  Public  Works  and 
the  Corporation  Counsel,  and  also  to  said  appellant  at  his 
address  given  by  his  appeal,  and  a majority  vote  of  said 
Board  of  Estimate  and  Apportionment  shall  decide.  In  case 
the  decision  of  said  board  shall  be  in  favor  of  the  appellant 
the  said  sum  of  ten  ($10.00)  dollars,  paid  by  him  to  the  clerk 
•of  said  Board  shall  forthwith  be  returned  to  him.  The  de- 
cision of  the  Board  of  Estimate  and  Apportionment  shall  be 
final  and  if  in  favor  of  appellant,  the  Commissioner  of  Public 
Works  shall  forthwith  issue  the  license  or  reinstate  the  license 
revoked,  as  the  case  may  be;  provided,  however,  that  if 
previous  to  such  appeal,  the  said  Commissioner  shall  have 
any  work  performed  or  material  supplied  toward  the  filling-in 
of  any  such  vault  and  restoring  the  ground,  the  cost  thereof 
and  of  any  action  which  may  have  been  begun  for  the  re- 
covery thereof,  must  first  be  paid  to  said  Commissioner  with 
interest. 

§ 19.  All  notices  required  by  this  article  to  be  given 
by  the  Commissioner  of  Public  Works  shall  be  in  writing, 
directed  to  the  person  addressed  at  his  last  known  place  of 
residence  as  shown  by  the  record  in  the  office  of  the  said 
Commissioner,  and  enclosed  in  a securely  closed,  post  paid 
wrapper  and  deposited  in  the  post  office  or  in  any  post  office 
box  regularly  maintained  by  the  Government  of  the  United 
States  and  under  the  care  of  the  post  office  of  the  City  of 
Yonkers. 

§ 20.  The  Commissioner  of  Public  Works  shall  provide 
the  necessary  books  of  blank  forms  of  license  for  issue  under 
the  provisions  of  this  article.  Each  license  form  shall  be 


198 


Code  of  Ordinances. 


in  duplicate  and  numbered  consecutively,  one  of  which  shall 
be  for  delivery  to  the  licensee,  and  the  other  to  remain  in 
stub  form,  in  the  license  book.  Each  form  shall  provide 
space  for  the  insertion  thereon,  in  addition  to  the  other 
matters  required  by  this  article,  of  the  date  of  its  issue, 
name  of  licensee  with  his  address,  the  location  of  the  pro- 
posed or  completed  vault  or  cistern,  the  actual  or  intended 
number  of  square  feet  of  the  vault  or  cistern  or  of  any  en- 
largement thereof,  with  actual  or  intended  length  and  width 
thereof,  and  the  actual  or  intended  number  of  square  feet 
of  any  wall  necessary  to  retain  or  support  the  adjoining 
ground  or  street,  the  rate  per  square  foot  of  license  fee,  the 
amount  paid  as  such  license  fee,  the  kind  of  material  of 
which  such  vault  or  cistern  is  or  shall  be  constructed,  and 
the  location  of  the  outward  side  of  the  opening  and  the 
material  of  which  the  covering  thereof  is  or  shall  be  made. 
At  the  top  of  each  license  and  duplicate  thereof  shall  appear 
the  words,  “ Office  of  the  Commissioner  of  Public  Works,. 
City  of  Yonkers,  N.  Y. — Vault  License,”  and  each  duplicate 
of  every  license  shall  be  a true  copy  thereof.  Every  such 
book  of  duplicate  licenses  shall  be  carefully  preserved  in  the 
office  of  said  Commissioner  and  shall  constitute  a public 
record. 

§ 21.  All  existing  licenses,  permits  or  consents  for  the 
construction  of  any  vault  or  cistern  in  the  City  of  Yonkers, 
heretofore  granted  pursuant  to  or  by  virtue  of  any  ordinance 
of  said  city  heretofore  enacted  or  otherwise  in  accordance 
with  law,  are  hereby  repealed,  vacated  and  annulled. 

ARTICLE  XX. 

MAINTENANCE  AND  USE  OF  GARAGES. 

Section  1.  Whenever  the  word  “ approved  ” occurs  in 
this  article  it  shall  be  deemed  to  mean  approved  by  the' 
Commissioner  of  Public  Safety.  Whenever  the  words  “ vola- 
tile inflammable  liquid  ” occurs  in  this  article  it  shall  be 
deemed  to  mean  any  liquid  which  will  emit  an  inflammable 


Code  of  Ordinances. 


199 


vapor  which  will  flash  at  a temperature  below  one  hundred 
.and  ten  degrees  Fahrenheit  when  tested  in  the  closed  pyro- 
meter of  G.  Tagliabue. 

Whenever  the  word  “ garage  ” occurs  in  this  article  it 
shall  be  deemed  to  mean  that  portion  of  a building  in  which 
any  motor  vehicle,  motor  cycle,  motor  bicycle,  or  other 
wheeled  vehicle  carrying  volatile  inflammable  liquid  is  kept, 
whether  said  motor  vehicle,  motor  cycle,  motor  bicycle, 
-or  other  wheeled  vehicle  be  kept  for  use,  for  sale,  for  rental, 
for  exhibition,  or  for  demonstration  purposes,  and  all  that 
portion  of  a building  which  is  on  or  below  the  floor  or  floors 
on  which  such  motor  vehicle,  motor  cycle,  motor  bicycle, 
or  other  wheeled  vehicle  is  kept  and  is  not  separated  there- 
from by  tight  fire-walls  and  floors  without  openings.  All 
walls  shall  be  considered  without  openings  if  the  doors  and 
windows  therein  are  protected  by  self  closing  slow  burning 
doors  or  windows. 

§ 2.  No  motor  vehicle,  motor  cycle,  motor  bicycle,  or 
other  wheeled  vehicle  carrying  volatile  inflammable  liquid 
shall  be  placed  in  a building  which  has  not  been  licensed 
by  the  Commissioner  of  Public  Safety. 

§ 3.  Licenses  to  keep  or  maintain  a garage  and  keep 
•calcium  carbide  shall  be  issued  by  the  Commissioner  of 
Public  Safety  in  accordance  with  and  subject  to  the  pro- 
visions prescribed  by  this  article,  for  a period  of  one  year, 
in  the  case  of  public  garages  unless  sooner  revoked  by  said 
Commissioner  for  a violation  of  any  of  the  provisions  of  this 
article  and  in  case  of  private  garages  such  license  shall  con- 
tinue until  revoked  by  said  Commissioner  for  a violation  of 
any  of  the  provisions  of  this  article.  All  applications  for 
such  licenses  shall  be  made  in  writing  to  the  Inspector  of 
Combustibles  upon  blanks  to  be  furnished  by  the  Bureau 
of  Combustibles.  Every  such  application  must  state  the 
name,  residence  and  place  of  business  of  the  applicant,  the 
location  and  dimensions  of  the  garage,  the  quantity  of 
volatile  inflammable  liquid  and  calcium  carbide  to  be  stored, 
dimensions  of  storage  tanks  and  their  location,  and  manner 
of  construction,  and  number  of  safety  cans,  and  air-tight 
containers  for  calcium  carbide,  to  be  kept,  and  the  location 


200 


Code  of  Ordinances. 


of  any  pump  and  air-tight  containers  for  calcium  carbide. 
No  application  beyond  the  first  need  be  made  except  in  the 
case  of  a change  of  conditions,  and  every  license  issued 
shall  be  continued  upon  payment  of  the  required  fee  and 
where  an  inspection  discloses  that  the  provisions  of  this 
article  have  been  complied  with.  No  license  shall  be  issued 
to  any  applicant  until  the  premises  therein  mentioned  as 
intended  to  be  used  as  a garage  and  for  the  storage  or  keeping 
of  any  volatile  inflammable  liquid  or  calcium  carbide  shall 
have  been  examined  by  the  Inspector  of  Combustibles  and 
approved  by  the  Commissioner  of  Public  Safety,  whose  duty 
it  shall  be  to  see  that  all  pumps,  storage  tanks  and  air-tight 
containers  for  calcium  carbide  shall  be  located  with  all 
proper  regard  to  safety  and  that  as  large  a free  and  open 
space  as  possible  be  maintained  around  them.  Every  such 
license  may  be  revoked  at  any  time  by  the  Commissioner 
of  Public  Safety  for  a violation  of  any  of  the  provisions  of 
this  article  and  said  Commissioner  shall  notify  such  licensee 
or  applicant  in  writing  of  the  reasons  relied  on  by  him  for 
revoking  such  license  or  for  denying  such  application  there 
for,  as  the  case  may  be. 

In  case  of  the  denial  by  the  Commissioner  of  Public 
Safety  of  an  application  for  any  such  license,  or  of  its  re- 
vocation by  him,  the  applicant  therefor,  or  holder  of  the 
license  which  may  have  been  so  revoked  may  appeal  from 
the  decision  of  said  Commissioner  to  the  Board  of  Estimate 
and  Apportionment  of  the  City  of  Yonkers.  Such  appeal 
shall  be  in  writing,  giving  the  address  of,  and  verified  by 
the  oath  of  the  appellant,  and  one  original  copy  thereof 
shall  be  served  personally  upon  the  Clerk  of  said  Board 
and  the  Commissioner  of  Public  Safety.  Such  appeal  shall 
include  a copy  of  the  application  for  such  license,  with  its 
date  of  filing  in  the  office  of  the  Inspector  of  Combustibles, 
a copy  of  such  license  in  case  a license  shall  have  been  issued 
and  revoked,  and  a copy  of  the  reasons  relied  on  by  the 
Commissioner  of  Public  Safety  in  denying  the  application, 
or  in  revoking  the  license,  as  the  case  may  be,  and  such 
reasons  as  the  appellant  may  care  to  state  as  justifying  the 
appeal.  Such  service,  within  ten  days  of  the  date  of  noti- 


Code  of  Ordinances. 


201 


fication  of  such  licensee  by  said  Commissioner  of  the  revo- 
cation of  such  license,  shall  act  as  a stay  of  such  revocation 
until  the  decision  of  the  Board  of  Estimate  and  Apportion- 
ment on  such  appeal,  and  no  appeal  shall  be  taken  later 
than  30  days  from  the  date  of  the  notification  of  such  ap- 
plicant or  licensee  by  said  Commissioner.  The  decision  of 
said  Board  shall  be  entered  on  the  minutes  thereof,  and  a 
copy  thereof,  over  the  signature  of  its  Clerk,  mailed  to 
the  Commissioner  of  Public  Safety  and  the  appellant,  at 
his  address  given  by  his  appeal.  The  decision  of  the  Board 
of  Estimate  and  Apportionment  shall  be  final,  and  if  in 
favor  of  the  appellant,  the  Commissioner  of  Public  Safety 
shall  forthwith  issue  the  license,  or  withdraw  the  revocation 
and  reinstate  the  license  revoked,  as  the  case  may  be.  No 
license  shall  be  issued  for  a building  occupied  in  any  part 
as  a dwelling,  a hospital,  a theatre,  a church,  a school,  a 
hotel,  an  apartment  hotel,  a lodging  house,  an  apartment 
house,  a tenement  house,  a boarding  house,  a factory,  a 
mill,  a manufactory,  a workshop,  an  asylum  or  institution 
for  the  care  or  treatment  of  individuals,  or  a store,  or  where 
at  any  one  time  more  than  ten  people  congregate  in  a portion 
of  the  building  that  is  outside  of  the  garage  and  is  not  sep- 
arated therefrom  by  approved  fire  walls  and  floor  without 
openings;  except  a store  for  the  sale  of  automobiles,  and 
automobile  supplies,  but  in  such  cases  not  more  than  five 
gallons  of  volatile  inflammable  liquid  shall  be  kept  in  any 
one  motor  vehicle  and  not  more  than  ten  gallons  of  volatile 
inflammable  liquid  shall  be  contained  all  together  in  the 
vehicles,  cycles  and  bicycles  mentioned  in  Section  2 hereof; 
provided,  however,  that  a license  may  be  issued  for  a private 
garage  in  a building  occupied  as  a dwelling  by  the  family 
of  the  owner  of  the  garage,  or  an  employee.  Such  license 
shall  authorize  the  keeping  of  volatile  inflammable  liquid 
in  underground  storage  tanks,  of  a capacity  not  in  excess 
of  five  hundred  and  sixty  gallons  each,  or  in  approved  safety 
cans  of  not  more  than  ten  gallons  of  volatile  inflammable 
liquid  in  each  can  and  not  more  than  one  hundred  and  twenty 
pounds  of  calcium  carbide  in  air-tight  containers.  Such 
license  shall  be  issued  for  a public  garage  at  an  annual  fee 
of  ten  ($10.00)  dollars  and  may  authorize  the  keeping  of 


202 


Code  of  Ordinances. 


volatile  inflammable  liquid  and  calcium  carbide  in  the  quan- 
tities above  mentioned,  and  of  motor  vehicles,  motor  cycles, 
motor  bicycles,  or  other  wheeled  vehicles  carrying  volatile 
inflammable  liquid,  and  also  the  sale  of  calcium  carbide  and 
volatile  inflammable  liquid  for  filling  the  tanks  of  motor 
vehicles,  motor  cycles,  and  motor  bicycles,  by  transferring 
such  liquid  from  underground  storage  tanks  into  the  tanks 
of  such  motor  vehicles,  motor  cycles,  or  motor  bicycles  on 
the  premises  of  the  garage  by  hose  connections  only.  Such 
license  shall  be  issued  for  a private  garage  without  the  expense 
of  an  annual  license  fee,  and  may  authorize  the  keeping  of 
volatile  inflammable  liquid  and  calcium  carbide  in  the  quan- 
tities above  mentioned,  and  of  motor  vehicles,  motor  cycles, 
motor  bicycles  and  other  wheeled  vehicles  carrying  volatile 
inflammable  liquid,  provided  that  all  such  vehicles,  cycles 
and  bicycles  are  kept  for  the  licensee’s  individual  use,  and 
are  neither  rented  out  nor  used  to  carry  passengers  for  hire, 
but  shall  not  authorize  the  sale  of  volatile  inflammable 
liquid  or  calcium  carbide;  provided,  however,  that  such 
licensee  may  temporarily  keep  in  such  private  garage  not 
more  than  one  other  such  vehicle,  cycle  or  bicycle  not 
owned  by  said  licensee,  and  provided  further  that  the  pro- 
visions of  this  article  shall  not  apply  to  a private  garage 
unless  the  same  is  within  ten  feet  of  a building  which  is 
occupied  as  a dwelling  in  which  more  than  five  people  cus- 
tomarily abide  and  sleep,  and  provided  further  that  a shed 
with  not  more  than  two  enclosed  sides  where  any  such 
vehicle,  cycle  or  bicycle  is  kept  only  for  protection  from 
the  elements  and  is  not  habitually  kept  there  at  night  shall 
not  be  deemed  a garage  within  the  meaning  of  this  ordinance. 

§ 4.  Standard  safety  cans  for  storing  volatile  inflam- 
mable liquid  in  a garage  shall  be  of  a capacity  of  ten  gallons 
or  less,  and  when  not  in  use  shall  be  placed  outside  of  the 
building  at  least  ten  feet  from  any  other  building  or  struc- 
ture or  wooden  fence,  or  in  drip  pans  in  the  garage.  Tanks 
of  motor  vehicles,  cycles  and  bicycles  containing  not  more 
than  ten  gallons  of  volatile  inflammable  liquid  when  the 
outlet  pipe  of  such  tank  is  fitted  with  a ground  key  and 
such  key  is  turned  so  that  the  said  volatile  inflammable 


Code  of  Ordinances. 


203 


liquid  cannot  flow  out  of  said  tank  through  said  outlet 
and  the  filling  opening  of  such  tank  is  closed,  shall  be  con- 
sidered Standard  Safety  Cans  and  are  allowed  under  the 
provisions  of  this  ordinance. 

§ 5.  Portable  filling  tanks  for  transporting  volatile  in- 
flammable liquids  from  the  storage  tank  to  a motor  vehicle, 
motor  cycle  or  motor  bicycle  may  be  used  under  the  fol- 
lowing conditions: 

1.  Application  in  writing  must  be  made  to  the  In- 
spector of  Combustibles  for  a special  permit  to  be  granted 
in  the  case  of  each  such  tank  to  be  used. 

2.  Such  tanks,  when  not  in  use,  must  be  kept  outside 
of  the  building  at  least  ten  feet  from  any  other  building 
or  structure  or  wooden  fence,  or  with  drip  pans  under  them 
in  the  garage,  with  drip  pans  leading  outside  of  the  building 
away  from  any  inflammable  material. 

3.  The  construction  of  the  tanks,  and  their  carriages 
must  conform  to  the  following  specifications  and  must 
otherwise  meet  the  approval  of  the  Commissioner  of  Public 
Safety : 

Each  tank  shall,  if  cylindrical,  have  concave  heads,  the 
body  one-eighth  inch  mild  steel,  the  heads  of  the  same  ma- 
terial, three-sixteenths  of  an  inch  in  thickness.  If  rectan- 
gular, the  tank  shall  be  made  of  three-sixteenths  of  an  inch 
thick,  mild  steel  throughout.  All  joints  shall  be  riveted 
and  caulked  and  all  pipe  connections  shall  be  reinforced. 
The  capacity  of  each  tank  shall  not  exceed . fifty  gallons. 
Each  tank  shall  be  carried  on  a strong  iron  frame,  firmly 
attached  to  it  and  provided  with  rubber  tired  wheels.  The 
tank  shall  be  discharged  by  pumping  and  not  by  air  pressure, 
and  the  outlet  shall  be  free  from  leakage  when  the  pump  is 
not  working.  No  hose  attached  to  the  tank  shall  be  more 
than  eight  feet  in  length,  and  all  hose  connections  shall  be 
Keystone  brass  unions. 

Appeals  from  denials  or  revocations  of  special  permits 
by  the  Commissioner  of  Public  Safety  shall  be  governed  by 
the  provisions  of  Section  3 of  this  article  as  in  the  case  of 
denials  of  applications  for  or  the  revocations  of  licenses. 


204 


Code  of  Ordinances. 


§ 6.  The  delivery  of  volatile  inflammable  liquid  to  a 
garage  shall  be  made  in  daylight  only  and  shall  be  made 
in  approved  barrels  or  safety  cans  or  from  an  approved  tank 
wagon. 

§ 7.  The  barrels  or  safety  cans  in  which  volatile  in- 
flammable liquid  is  delivered  to  a garage  shall  immediately 
be  placed  alongside  of  the  intake  of  the  filling  pipe  and 
emptied  into  the  storage  tank  by  means  of  a pump,  siphon 
or  funnel  and  removed  from  the  premises  forthwith. 

§ 8.  Approved  tank  wagons  delivering  volatile  in- 
flammable liquid  to  a garage  shall  be  provided  with  a metallic 
or  other  approved  hose.  Such  wagons  shall  not  enter  the 
building  and  shall  couple  the  hose  to  the  filling  pipe  connec- 
tion outside  of  the  building  or  where  the  tank  is  outside  of 
the  building,  the  same  can  be  filled  by  funnel  or  other  suit- 
able means. 

§ 9.  Storage  tanks  shall: 

a.  Not  be  placed  or  installed  until  the  application 
therefor  shall  have  been  approved  by  the  Commissioner  of 
Public  Safety  as  provided  by  Section  3 of  this  article. 

b.  Not  be  placed  under  a sidewalk  or  in  a sidewalk 
area  unless  it  shall  be  shown  to  the  satisfaction  of  the  Com- 
missioner of  Public  Safety  that  there  are  physical  conditions 
which  make  it  impracticable  to  place  it  elsewhere ; nor 
inside  any  building  which  is  more  than  one  story  high  or 
which  has  a cellar  or  basement. 

c.  Not  have  a capacity  in  excess  of  five  hundred  and 
sixty  gallons. 

d.  Be  made  of  galvanized  iron  or  steel  of  at  least  one- 
eighth  of  an  inch  in  thickness  when  of  a capacity  not  exceed- 
ing two  hundred  and  eighty  gallons  and  of  galvanized  iron 
or  steel  of  at  least  one-fourth  of  an  inch  in  thickness  when 
of  a capacity  exceeding  two  hundred  and  eighty  gallons,  be 
coated  on  the  outside  with  tar  or  other  rust-resisting  ma- 
terial, have  all  joints  tightly  caulked,  have  all  pipe  con- 
nections at  the  top  and  be  buried  at  least  two  feet  under 
ground,  except  such  as  are  already  in  place  and  are  buried 
not  less  than  eighteen  inches  under  ground,  and  shall  be 


Code  of  Ordinances. 


205 


imbedded  in  and  surrounded  by  at  least  twenty-four  inches, 
of  clean,  sharp  sand,  well  tamped  into  place,  and  be  pro- 
vided with  a filling  pipe,  a vent  pipe,  and  a drawing  off  pipe ; 
provided,  however,  that  no  storage  tank  installed  in  a garage 
as  a part  of  a hydraulic  storage  system  shall  be  required  to 
have  a vent  pipe.  No  tank  shall  be  placed  so  that  its  top 
shall  be  below  the  drawing  off  point. 

§ 10.  The  vent  pipe  shall  be  made  of  one  inch  or  larger 
wrought  iron  pipe  with  heavy  iron  fittings  and  screw  joints 
made  with  litharge  and  glycerine.  It  shall  be  connected 
with  the  top  of  the  storage  tank,  and  if  the  latter  be  inside 
the  building  or  under  the  sidewalk  said  pipe  shall  be  carried 
up  to  the  outer  air  at  least  ten  feet  above  the  roof,  and 
provided  with  two  screens  of  thirty  mesh  brass  wire  gauze 
at  or  near  the  tank  connection,  and  capped  with  a double 
goose  neck  with  openings  covered  with  a screen  of  one- 
sixteenth  inch  mesh  brass  wire  gauze. 

§ 11.  The  filling  pipe  shall  be  made  of  two  inch  or 
larger  wrought  iron  pipe  with  heavy  iron  fittings  and  screw 
joints  made  with  litharge  and  glycerine  and  provided  with  a 
screen  of  thirty  mesh  brass  wire  gauze  placed  not  more 
than  two  inches  below  the  filling  cock  or  valve.  The  filling 
pipe  shall  be  closed  at  the  intake  by  a filling  cock  or  valve 
or  screw  cap  which  shall  be  kept  closed  when  not  in  use 
and  said  pipe  shall  be  connected  with  the  top  of  the  storage 
tank  or  with  the  valve  connecting  therewith  and  shall  extend 
down  to  the  bottom  of  the  storage  tank  and  shall  be  also 
at  an  uniform  grade  so  that  it  will  drain  empty  into  the 
tank  and  shall  be  carried  up  and  terminated  with  the  intake 
and  filling  cock  or  valve  in  the  pump. 

§ 12.  Pumps  for  delivering  volatile  inflammable  liquid 
shall  have  a shut  off  valve,  with  ground  key  on  the  nozzle, 
a check  valve  between  pump  and  nozzle,  a screw  stuffing 
box  for  the  pump  rod  which  shall  be  higher  than  the  outlet 
of  the  pump.  No  such  pump  shall  be  placed  in  the  cellar 
or  basement  of  any  building,  or  in  an  area  between  a building 
and  a sidewalk,  or  under  a sidewalk  or  within  the  stoop 
line,  if  any. 


206 


Code  of  Ordinances. 


§ 13.  A metal  drip  pan  shall  be  kept  under  every 
motor  vehicle,  motor  cycle,  motor  bicycle,  or  other  wheeled 
vehicles  carrying  volatile  inflammable  liquid  in  every  garage, 
the  floor  of  which  is  not  composed  of  cement. 

§ 14.  Every  garage  shall  be  ventilated  in  an  approved 
manner. 

§ 15.  Filling  stations  shall  be  located  in  a garage  at 
least  ten  feet  distant  from  the  entrance,  shall  have  a floor 
of  solidly  tamped  earth,  cement,  or  other  fireproof  material, 
graded  down  to  a centre,  and  unconnected  with  the  sewer 
or  drainage  system  of  the  building.  The  floor  shall  be  kept 
free  from  volatile  inflammable  liquid  by  sponging  or  swab- 
bing. The  room  shall  be  kept  free  from  inflammable  vapors 
either  by  natural  or  forced  ventilation. 

§ 16.  No  volatile  inflammable  liquid  shall  be  kept 
within  thirty  feet  in  a direct  line  from  any  stove,  forge, 
torch,  boiler,  furnace,  flame,  fire,  or  fire  heat,  and  no  artificial 
light  (except  inclosed  electric  light)  shall  be  used  or  allowed 
in  a garage,  or  in  any  portion  of  the  building  on  or  below 
the  topmost  floor  of  the  garage  that  is  not  separated  from 
the  garage  by  fire  walls  and  floors,  without  openings,  or 
standard  automatic  closing  fire-doors  kept  closed. 

§ 17.  All  fire  and  lights  on  a motor  vehicle,  motor 
cycle  and  motor  bicycle,  or  under  the  boiler  of  a motor 
vehicle,  shall  be  extinguished  after  bringing  the  same  into  a 
garage  within  door  closing  distance,  and  shall  not  be  lit 
while  the  same  is  in  the  garage,  except  for  the  purpose  of 
moving  the  same  out  of  the  garage. 

§ 18.  Movable  incandescent  electric  lights  in  a garage 
shall  be  protected  by  approved  metal  cages,  and  shall  be 
fitted  with  keyless  sockets.  All  electric  plugs  and  switches 
shall  be  permanently  located  at  least  four  feet  above  the  floor. 

§ 19.  Smoking  shall  not  be  allowed,  and  is  absolutely 
prohibited  in  any  room  or  place  in  which  a volatile  inflam- 
mable liquid  is  kept,  or  in  any  room  or  hall  opening  into 
such  room  or  place.  A sign  bearing  the  words  “NO  SMOK- 
ING” on  a white  background  in  black  letters,  at  least  three 
inches  in  height,  shall  be  displayed  in  a conspicuous  place 


Code  of  Ordinances. 


207 


and  manner  on  every  floor  and  at  every  entrance  to  the 
garage,  and  in  every  room  and  hall  opening  into  a room  or 
place  in  which  a volatile  inflammable  liquid  is  kept  or  in 
which  a motor  vehicle,  motor  cycle,  motor  bicycle,  or  other 
wheeled  vehicle  carrying  a volatile  inflammable  liquid  is  kept. 

§ 20.  No  volatile  inflammable  liquid  .shall  be  used  in  a 
garage  for  cleaning  or  for  any  purpose  whatsoever  other  than 
filling  the  tanks  of  motor  vehicles,  motor  cycles,  motor 
bicycles,  or  other  wheeled  vehicles,  or  allowed  to  run  upon 
the  floor  or  to  fall  or  pass  into  the  drainage  system  of  the 
garage,  or  be  put  into  or  removed  from  the  tank  of  any 
motor  vehicle,  motor  cycle  or  motor  bicycle  while  any  light 
or  fire  on  the  same  is  burning,  or  be  carried  or  kept  in  open 
vessels.  All  volatile  inflammable  liquids  or  oils  removed  by 
swabbing  or  sponging  up  spilled  liquid  or  oil  shall  be  placed 
in  an  approved  safety  can  of  not  over  five  gallons  capacity, 
and  all  quantities  in  excess  of  five  gallons  shall  be  returned 
to  the  underground  storage  tank  or  removed  from  the  prem- 
ises forthwith.  All  volatile  inflammable  liquids  and  oils 
escaping  from  any  receptacle  shall  be  immediately  swabbed 
or  sponged  up. 

§ 21.  Self  closing  metal  cans  set  firmly  on  four  inch 
legs  shall  be  kept  on  all  floors  for  the  purpose  of  holding  all 
inflammable  waste  material. 

§ 22.  Calcium  carbide  shall  be  kept  in  air-tight  metal 
packages,  which  shall  be  kept  at  least. six  inches  above  the 
floor  in  a water-tight  container  provided  with  a securely 
fastened  cover. 

§ 23.  One  chemical  fire-extinguisher  which  will  extin- 
guish gasolene  flames  shall  be  provided  for  each  two  motor 
vehicles,  motor  cycles,  motor  bicycles,  or  other  wheeled 
vehicles  carrying  volatile  inflammable  liquid,  and  kept  handy 
in  places  convenient  for  quick  use  in  case  of  fire. 

§ 24.  Every  licensed  vendor  of  volatile  inflammable 
liquids  shall  render  to  the  Inspector  of  Combustibles  each 
week  a statement,  verified  as  to  its  correctness  by  an  affidavit 
of  such  vendor,  covering  deliveries  for  the  week  to  places 
within  the  City  of  Yonkers.  The  statement  shall  indued 


208 


Code  of  Ordinances. 


all  deliveries  of  such  liquid  in  quantities  of  five  gallons  or 
more,  and  shall  be  in  detail  as  follows:  (a)  Date  of  delivery; 
(b)  Name  of  buyer;  (c)  Place  of  delivery;  (d)  Number  of 
gallons,  name  and  gravity  of  liquid;  provided,  however,  that 
no  such  statement  need  be  made  of  deliveries  of  such  liquid 
made  by  such  vendor  by  filling  the  tank  of  any  motor  vehicle, 
motor  cycle,  or  motor  bicycle.  Such  statement  shall  be  on 
a form  to  be  provided  by  the  Inspector  of  Combustibles, 
and  shall  be  delivered  to  the  Inspector  of  Combustibles  by 
mail  or  messenger  not  later  than  the  second  business  day 
in  each  week. 

§ 25.  It  shall  be  the  duty  of  the  officers  and  members 
of  the  police  and  fire  departments  to  report  to  their  imme- 
diate superiors,  and  of  such  superiors  to  report  to  the  Com- 
missioner of  Public  Safety,  all  violations  of  any  of  the  pro- 
visions of  this  article  which  shall  be  noticed  by  them, 
or  which  shall  be  brought  to  their  attention;  and  it  shall  be 
the  duty  of  said  Commissioner  of  Public  Safety  to  cause 
all  such  violations  to  be  remedied  and  stopped  and  the  pro- 
visions of  this  article  to  be  complied  with  and  the  violators 
thereof  prosecuted. 

§ 26.  Any  person,  the  members  of  any  firm  or  co- 
partnership, the  officers  of  any  joint  stock  association,  mem- 
bership corporation,  or  corporation,  who  or  which  shall 
violate  any  of  the  provisions  of  this  article  shall  be  guilty 
of  a misdemeanor  and  liable  to  a fine  not  exceeding  one 
hundred  and  fifty  ($150.00)  dollars,  or  to  imprisonment  not 
exceeding  one  hundred  and  fifty  days,  or  to  both  such  fine 
and  imprisonment. 

§ 27.  It  shall  be  the  duty  of  the  Commissioner  of 
Public  Safety  of  the  City  of  Yonkers  to  see  that  all  of  the 
provisions  of  this  article  are  complied  with,  all  violations 
of  such  provisions  remedied  and  stopped,  and  all  violators 
of  any  of  such  provisions  prosecuted. 

§ 28.  The  Commissioner  of  Public  Safety  shall  have 
power  and  authority  when  in  his  judgment  the  conditions 
so  require  or  warrant,  to  permit  openings  in  fire  walls  if 


Code  of  Ordinances. 


209 


said  openings  are  equipped  with  non-combustible  doors, 
windows  or  shutters  which  will  close  automatically. 

§ 29.  The  Commissioner  of  Public  Safety  shall  have 
power  and  authority  when  in  his  judgment  the  conditions 
so  require  or  warrant,  to  waive  any  of  the  provisions  of  this 
article. 

§ 30.  The  Commissioner  of  Public  Safety  may  in  his 
discretion  where  the  conditions  so  require  or  warrant,  order 
the  installation  in  any  sewer  connection  leading  from  the 
wash  stand  of  a garage  of  a trap  which  will  separate  volatile 
inflammable  liquid  or  oils  from  water  or  other  liquid  passing 
through  said  sewer  connection  into  a public  sewer. 

ARTICLE  XXL 

THE  USE,  SALE,  STORAGE,  GIVING  OR  TRANSPOR- 
TATION OF  EXPLOSIVES  IN  THE  CITY  OF 
YONKERS. 

Section  1.  The  Bureau  of  Combustibles  is  hereby 
created,  the  same  to  be  under  the  cognizance,  jurisdiction, 
supervision  and  control  of  the  Commissioner  of  Public  Safety, 
and  shall  form  a Bureau  in  the  Department  of  Public  Safety. 
The  Inspector  of  Combustibles  shall  be  the  head  of  the 
Bureau  of  Combustibles. 

§ 2.  No  person,  firm  or  corporation  shall  have,  keep, 
sell,  use  (except  as  employee),  give  away  or  transport  within 
the  corporate  limits  of  the  City  of  Yonkers,  any  gunpowder, 
blasting  powder,  gun  cotton,  dynamite,  nitro-glycerine,  or 
any  substance  or  compound  or  mixture  or  article  having 
properties  of  such  character  that  alone  or  in  combination 
or  contiguity  with  other  substances  or  compounds  it  may 
decompose  suddenly  and  generate  sufficient  heat,  or  gas  or 
pressure  or  all  of  them  to  produce  rapid  flaming  combustion 
or  administer  a destructive  blow  to  surrounding  persons  or 
property,  unless  he  or  it  shall  have  been  duly  licensed  so  to 
do  as  hereinafter  provided. 


210 


Code  of  Ordinances. 


§ 3.  Licenses  for  the  period  of  one  year  for  any  or  all 
of  the  aforesaid  purposes  shall  be  issued  to  applicants  there- 
for by  the  Commissioner  of  Public  Safety,  shall  be  graded  in 
accordance  with  the  amount  of  explosives  as  aforesaid  pro- 
posed to  be  stored  or  used,  and  shall  be  issued  only  upon  the 
payment  of  the  fees,  and  upon  the  filing  of  a bond  as  herein 
prescribed. 

(a)  A license  of  the  first  class  shall  entitle  the  holder 
to  store  or  use  not  exceeding  two  hundred  and  fifty  (250) 
pounds  of  explosives  in  any  one  day,  and  shall  be  granted 
on  payment  of  a fee  of  $25.00  and  the  filing  of  a bond  in  the 
penal  sum  of  five  thousand  ($5,000.00)  dollars;  provided^ 
however,  that  the  Commissioner  of  Public  Safety  may  issue 
special  permits  to  holders  of  first  class  licenses  to  store  in 
underground  fire-proof  magazines,  more  than  two  hundred 
and  fifty  (250)  pounds  of  explosives  upon  the  filing  of  an 
additional  bond  or  bonds, as  aforesaid  in  the  penal  sum  of 
twenty-five  hundred  ($2,500.00)  dollars  for  each  250  addi- 
tional pounds,  or  part  thereof,  proposed  to  be  stored;  such 
magazine  shall  be  constructed  to  meet  the  approval  of  the 
said  Commissioner  and  shall  be  located  only  in  places  desig- 
nated by  the  Commissioner  of  Public  Safety,  and  not  more 
than  two  thousand  (2,000)  pounds  of  explosives  shall  be 
stored  in  any  one  magazine.  A special  magazine  shall  be 
in  charge  of  three  trustworthy  and  reliable  keepers  or  watch- 
men, one  of  whom  shall  be  present  at  all  times. 

(b)  A license  of  the  second  class  shall  entitle  the  holder 
to  store  or  use  not  exceeding  one  hundred  (100)  pounds  of 
explosives  in  any  one  day,  and  shall  be  granted  on  payment 
of  a fee  of  $15.00,  and  the  filing  of  a bond  in  the  penal  sum 
of  two  thousand  ($2,000.00)  dollars. 

(c)  A license  of  the  third  class  shall  entitle  the  holder 
to  store  or  use  not  exceeding  fifty  (50)  pounds  of  explosives, 
in  any  one  day,  and  shall  be  granted  on  payment  of  a fee 
of  seven  dollars  and  fifty  cents  ($7.50),  and  the  filing  of  a 
bond  in  the  penal  sum  of  one  thousand  ($1,000.00)  dollars. 

I 1.  Applications  for  Licenses  and  Permits  must  be 
made  in  duplicate  in  writing  to  the  Inspector  of  Combustibles^ 
upon  blank  forms  to  be  furnished  by  the  Bureau  of  Com- 


Code  of  Ordinances. 


211 


bustibles.  The  applications  must  give  the  name,  residence 
and  place  of  business  of  the  applicant,  the  nature  of  the  site 
where  the  work  is  to  be  performed,  the  intended  location  of 
the  magazine  or  magazines,  and  the  quantity  and  kind  of 
explosives  or  detonators  to  be  kept  therein.  If  approved, 
and  the  license  or  permit  is  issued,  the  original  applications 
shall  remain  on  file  in  the  bureau,  and  the  duplicate  shall  be 
returned  to  the  applicant  with  his  license  or  permit,  showing 
any  changes  or  modifications  which  may  have  been  made 
in  his  application  before  its  approval.  If  disapproved,  both 
original  and  duplicate  shall  be  returned  to  the  applicant, 
with  the  privilege  to  him  to  file  a new  application  from 
which  the  objectionable  features  of  the  first  application  shall 
have  been  eliminated;  provided,  however,  that  the  Com- 
missioner of  Public  Safety  shall  have  the  right  to  make  such 
changes  in  all  applications  as  may,  in  his  judgment,  be  neces- 
sary to  protect  the  public  safety.  No  license  shall  be  issued 
to  any  applicant  proposing  to  keep  or  store  explosives  or 
detonators  until  the  magazine  in  which  it  is  proposed  to 
store  or  keep  such  explosives  or  detonators  shall  have  been 
examined  and  approved  by  the  Inspector  of  Combustibles. 

§ 5.  No  license  shall  be  issued  to  any  applicant  pro- 
posing to  engage  in  the  business  of  selling  explosives  or 
transporting  Ihe  same  within  the  City  of  Yonkers,  or  to  give 
away  explosives  within  said  city,  except  on  payment  of  a 
fee  of  twenty-five  ($25.00)  dollars  and  the  filing  of  a bond 
in  the  penal  sum  of  five  thousand  ($5,000.00)  dollars;  pro- 
vided that  if  transportation  is  proposed  to  be  made  by 
wagon  an  additional  bond  in  the  sum  of  five  thousand 
($5,000.00)  dollars  for  each  and  every  wagon  so  proposed  to 
be  used,  shall  be  given. 

§ 6.  Any  license  or  permit  may  be  revoked  by  the 
Commissioner  of  Public  Safety  if,  in  his  judgment,  the  holder 
thereof  has  violated  any  of  the  provisions  hereof,  or  of  such 
other  regulations  pertaining  to  explosives  as  may  hereafter 
be  lawfully  made  and  enacted,  or  if,  in  his  judgment,  the 
public  safety  may  require  it.  In  case  there  be  a deviation 
from  the  terms  of  the  license  or  permit,  brought  about  by 
any  change  of  condition  on  adjoining  property  not  under  the 


212 


Code  of  Ordinances. 


control  of  the  holder  of  the  license  or  permit,  immediate 
notice  of  the  said  change  of  condition  shall  be  given  to  the 
Inspector  of  Combustibles,  and  if  said  change  do  not  unduly 
endanger  the  public  safety,  the  conditions  of  the  license  or 
permit  may  be  amended. 

§ 7.  Licenses  or  permits  are  not  transferable;  and  in. 
case  of  the  change  of  the  owner  of  a business  carried  on 
under  a license  or  a permit,  the  new  owner  must  obtain  a 
new  license  or  permit,  to  be  issued  directly  to  himself. 

§ 8.  The  heads  of  the  various  city  departments  shall  be 
regarded  as  licensees  under  these  regulations  and  shall  be 
subject  to  the  same  regulations  with  regard  to  the  obtaining 
of  permits  for  work  in  specific  localities  and  with  regard  to 
the  requirements  for  certificates  of  fitness  of  their  employees, 
who  may  conduct  such  work  as  are  applicable  to  all  other 
parties,  except  that  the  giving  of  bonds,  and  the  payment 
of  fees  shall  not  be  required. 

§ 9.  All  explosives,  explosive  compounds,  or  mixtures- 
of  explosive  articles,  fireworks,  fireworks  composition,  signal 
composition,  signals,  or  any  other  articles,  the  use,  sale  or 
keeping  of  which  within  the  City  of  Yonkers  is  prohibited 
shall  be  subject  to  seizure,  and  after  seizure,  shall,  upon  three 
days’  notice  to  the  owner  or  claimant,  be  sold,  and  the  pro- 
ceeds of  such  sale,  after  deducting  all  expenses  therefrom, 
shall  be  forfeited  and  paid  over  to  and  for  the  use  and  benefit 
of  the  Pension  Funds  of  the  Police  and  Fire  Departments, 
in  equal  shares;  or  all  said  articles  shall  be  destroyed,  if  in 
the  discretion  of  the  Inspector  of  Combustibles  the  public 
safety  shall  so  demand.  Such  notice  previous  to  sale  may 
be  either  personal,  or  in  writing  directed  to  the  owner  or 
claimant  at  his  address  last  known  to  the  Inspector  of 
Combustibles,  inclosed  in  a securely  closed  post-paid  wrapper, 
and  deposited  in  the  post  office  or  in  post  office  letter  box 
regularly  maintained  by  the  government  of  the  United 
States  and  under  the  care  of  the  post  office  of  the  City  of 
Yonkers. 

§ 10.  All  bonds  herein  required  shall  be  conditioned 
for  the  payment  to  the  City  of  Yonkers,  or  to  any  person 


Code  of  Ordinances 


213 


entitled  thereto  of  any  loss,  damage  or  injury  resulting  to 
persons  or  property  by  reason  of  the  use,  storage,  sale, 
giving  away  or  transportation  of  said  explosives,  and  for 
the  strict  and  full  compliance  with  the  provisions  hereof, 
and  with  such  other  regulations  pertaining  to  explosives  as 
may  hereafter  be  lawfully  made  and  enacted,  and  shall  be 
approved  as  to  sureties  by  the  Commissioner  of  Public  Safety, 
and  as  to  form  by  the  Corporation  Counsel,  and  shall  be  filed 
with  the  City  Cle~k. 

§ 11.  There  shall  be  appointed  by  the  Mayor  an  In- 
spector of  Combustibles,  who  shall  be  a man  experienced  in 
the  handling  and  use  of  explosives.  It  shall  be  the  duty  of 
such  inspector  to  examine  all  magazines  in  which  explosives 
are  stored  or  proposed  to  be  stored,  to  examine  all  blasting 
operations  and  the  manner  and  use  of  such  explosives  not 
less  than  once  a month;  and  to  report  to  the  Commissioner 
of  Public  Safety  thereon  and  on  any  violations  of  this 
article  or  of  such  regulations  pertaining  to  explosives  as 
may  hereafter  be  lawfully  made  and  enacted.  Such  inspector 
shall  from  time  to  time  recommend  to  the  Common  Council 
the  adoption  of  such  ordinances  relative  to  the  use,  storage 
and  transportation  of  explosives  as  he  may  deem  advisable. 
The  salary  or  compensation  of  such  inspector  shall  be  fixed 
by  the  Board  of  Estimate  and  Apportionment,  in  the  man- 
ner provided  by  law. 

§ 12.  Before  any  operation  shall  begin  under  a license 
for  the  transportation  or  for  the  use  of  explosives  in  blasting 
as  here  provided,  the  applicant  shall  designate  in  writing  to 
the  Bureau  of  Combustibles  the  name  or  names  of  the  per- 
sons whom  he  has  designated  to  load  holes  or  discharge  ex- 
plosives, or  handle  the  same,  to  prepare  charges,  to  transport 
by  wagon  or  otherwise,  or  to  have  the  care  of  magazines, 
explosives  and  detonators,  as  herein  provided,  and  all  such 
persons  before  being  permitted  to  exercise  any  of  such 
functions  shall  make  an  application  in  writing  to  the  Bureau 
of  Combustibles  for  a certificate  of  fitness,  and  before  the 
issuance  of  the  same,  shall  be  examined  by  the  Inspector  of 
Combustibles  and  found  to  possess  the  qualifications  herein- 
after specified  in  order  that  they  may  properly  fill  such  po- 


214 


Code  of  Ordinances. 


sitions  under  the  regulations  prescribed  by  the  Bureau  of 
Combustibles  and  the  questions  asked  and  answered  given 
shall  be  kept  on  record  and  a copy  thereof  furnished  the 
applicant  at  the  time  of  examination.  And  no  person  shall 
be  permitted  to  have  the  actual  care  and  handling  of  such 
explosives  or  detonators  without  having  first  obtained  a 
certificate  of  fitness  as  herein  provided.  Certificates  of  fit- 
ness shall  be  subject  to  inspection  at  all  times.  For  the 
issuance  or  renewal  of  any  such  certificate  an  annual  fee  of 
five  ($5.00)  dollars  shall  be  collected  by  the  Commissioner 
of  Public  Safety. 

To  receive  a certificate  of  fitness  the  person  must: 

(a)  Be  at  least  21  years  of  age. 

(b)  Be  able  to  read  the  English  language  understand- 
ingly,  provided,  however,  that  applicants  holding  certificates 
of  fitness  with  a creditable  record  may  be  exempted  from 
the  above  requirements  as  to  reading. 

(c)  Be  of  good  habits. 

(d)  Have  letters  of  recommendation  from  last  two  em- 
ployers if  he  has  not  been  in  the  service  of  his  last  employei 
for  at  least  three  years,  in  which  case  a letter  testifying  to 
good  character  and  capacity  from  last  employer  shall  be 
satisfactory. 

(e)  Be  familiar  with  the  provisions  of  the  law  and  the 
regulations  governing  the  transportation,  storage,  and  use 
of  explosives  particularly  that  part  relating  to  the  service 
to  be  performed  by  the  applicant. 

(f)  Be  familiar  with  the  risks  incident  to  the  service 
to  be  performed  by  him  and  capable  of  taking  all  necessary 
precautions. 

Nothing  herein  contained  shall  prevent  a licensee  from 
applying  for  and  obtaining  a certificate  of  fitness.  The 
actual  work  done  must  at  all  times  be  conducted  by  a person 
holding  a certificate  of  fitness.  Such  certificates  shall  be 
issued  by  the  Commissioner  of  Public  Safety,  and  may  be 
revoked  at  any  time  if  the  holder  thereof  shall  have  been 
proved  incompetent  in  the  opinion  of  said  Commissioner.  If 
revoked,  no  new  certificate  shall  be  thereafter  issued  to  the 


Code  of  Ordinances. 


215 


former  holder  of  the  certificate  so  revoked  for  a period  of 
three  months,  and  then  only  upon  examination  as  to  his 
qualifications,  as  herein  prescribed.  Such  certificates  may, 
in  the  discretion  of  said  Commissioner,  be  renewed  from 
year  to  year  without  further  examinations. 

§ 13.  Pure  nitro-glycerine  or  nitro-glycerine  in  any 
form  of  solution  other  than  the  official  U.  S.  Pharmacopoeia 
Solution  shall  not  be  transported  through  the  city. 

§ 14.  Gun  cotton  used  in  the  arts,  in  amount  not  ex- 
ceeding ten  pounds  dry  weight,  and  containing  at  least  an 
equal  weight  of  water,  may  be  transported  in  charge  of  a 
duly  certified  employee  of  a licensee. 

§ 15.  No  explosives  shall  be  transported  by  wagon 
through  the  streets  of  the  city  unless  said  wagon  is  in  charge 
of  a competent  person  holding  a certificate  of  fitness,  which 
certificate  shall  be  open  to  inspection  by  any  officer  of  the 
Fire  or  Police  Departments.  Said  certificate  of  fitness  shall 
be  issued  only  to  employees  of  corporations,  firms,  or  person 
duly  licensed,  by  the  Commissioner  f Public  Safety  to 
transport,  keep,  use,  give  away  or  sell  explosives  in  the  city. 

§ 16.  A wagon  used  for  transportation  of  explosives 
shall  be  in  good  condition  for  service  and  shall  comply  with 
the  following  specifications.  It  shall  have: 

(a)  Springs. 

(b)  A wooden  top  extending  over  the  bed,  enclosed  on 
both  sides  and  back. 

(c)  An  additional  floor  laid  lengthwise  of  sound  mate- 
rial not  exceeding  three  inches  wide,  tongued  and  grooved, 
planed,  smooth  and  fair,  and  blind  nailed. 

(d)  Shall  be  painted  red  and  have  painted  on  it  in 
easily  legible  white  letters,  at  least  six  inches  high  the  word 
“ DYNAMITE  ” and  the  owner’s  name  on  the  sides  and 
back,  and  in  case  of  a licensee  having  more  than  one  wagon 
these  shall  be  lettered  in  like  manner  “Wagon  No.  1,”  or 
“Wagon  No.  2”  etc. 

(e)  Shall  display  a red  flag  with  the  word  “ DANGER  ” 
in  white  letters,  printed,  stamped  or  sewn  thereon.  This 


216 


Code  of  Ordinances. 


flag  shall  be  at  least  18  inches  by  30  inches  in  size  and  shall 
be  displayed  on  the  front  end  of  said  wagon  and  at  such 
height  that  it  will  be  visible  from  all  directions. 

§ 17.  No  metal  tools  or  other  pieces  of  metal  shall  be 
carried  within  the  wagon. 

§ 18.  No  detonators  or  exploders  or  other  combustible 
material  shall  be  transported  in  the  same  vehicle  with  ex- 
plosives. 

§ 19.  Not  more  than  one  thousand  (1,000)  pounds  of 
explosives  shall  be  transported  at  any  one  time  on  a wagon 
through  the  streets  of  the  city. 

§ 20.  A wagon  carrying  explosives  shall  be  drawn  by  a 
horse  or  horses  amply  able  to  draw  the  load  and  avoid 
stoppages  other  than  to  load  and  unload,  and  no  unnecessary 
stops  or  stands  shall  be  made. 

§ 21.  No  explosives  shall  be  left  on  a wagon  unless  said 
wagon  is  in  charge  of  an  employee  with  a certificate  of  fit- 
ness, and  a driver  shall  not  leave  unattended  a wagon  loaded 
with  explosives. 

§ 22.  A wagon  carrying  explosives  shall  avoid,  when- 
ever possible,  those  streets  on  which  there  is  a large  number 
of  persons. 

§ 23.  The  presence  or  interference  of  unauthorized  per- 
sons during  unloading,  loading  or  transportation  shall  not  be 
allowed. 

§ 24.  Carelessness  or  recklessness  in  conducting,  or 
during  loading  or  unloading  of  a vehicle  carrying  explosives 
shall  not  be  permitted. 

§ 25.  No  intoxicated  person  shall  be  permitted  on  a 
vehicle  carrying  explosives. 

§ 26.  Smoking  within  ten  feet  of  a wagon  loaded  with 
explosives  shall  not  be  permitted. 

§ 27.  Explosives  transported  through  the  city  shall  be 
packed  as  follows: 

(a)  Dynamite  or  other  blasting  compounds  containing 
liquids  which  may  exude,  in  strong  wooden  cases  containing 


Code  of  Ordinances 


217 


not  more  than  fifty  (50)  pounds  of  explosives,  and  lined  with 
a liquid  proof  paper  lining  sufficient  to  prevent  liquid  from 
going  through  the  sides  or  bottom. 

(b)  Other  blasting  compounds  not  containing  sub- 
stances subject  to  deleterious  influences  by  exposure  to 
moisture,  in  strong  wooden  cases  containing  not  more  than 
twenty-five  (25)  pounds  of  explosives. 

(c)  Black  blasting  powder,  in  sound  wooden,  fibre  or 
metal  kegs  containing  not  more  than  twenty-five  (25)  pounds. 

(d)  Black  and  smokeless  sporting  powder,  in  sound 
wooden,  fibre  or  metal  kegs  or  canisters  containing  not  more 
than  twenty-five  (25)  pounds  each. 

(e)  Military,  smokeless  powder,  in  sound  wooden  or 
metal  packages  containing  not  more  than  one  hundred  and 
twenty-five  (125)  pounds  each. 

§ 28.  Each  package  containing  explosives  must  have 
the  name  and  brand  of  the  manufacturer,  and  if  packed  in  a 
wooden  case  must  be  marked  on  sides:  “ Explosives,  Dan- 
gerous.” 

§ 29.  No  explosive  shall  be  transported  through  the 
streets  of  the  city  unless  bearing  a brand  duly  registered  at 
the  Bureau  of  Combustibles.  The  licensee  must  record  at 
said  department: 

(a)  The  name  of  the  manufacturer. 

(b)  Kind  of  explosive;  and  in  case  of  high  explosives, 
such  as  dynamite,  such  a statement  of  the  strength  of  the 
explosive  as  may  be  required  by  the  Bureau  of  Combustibles. 

(c)  Purpose  to  be  used  for. 

§ 30.  Every  licensed  vendor  of  explosives  such  as  are 
used  for  excavating  purposes  shall  render  to  the  Bureau  of 
Combustibles  each  day  a carbon  copy  of  the  receipt  given 
by  the  licensee  for  the  deliveries  that  day  for  use  within 
the  city,  and  in  detail  as  follows: 

(a)  Date  of  delivery. 

(b)  Name  of  buyer. 

(c)  Point  of  delivery. 

(d)  Number  of  pounds,  and  name,  character,  kind  and 
strength  of  explosives  delivered. 


218 


Code  of  Ordinances. 


Said  carbon  copies  shall  be  numbered  consecutively  and 
be  mailed  at  the  close  of  business  each  day  or  by  10  a.  rn. 
the  following  business  day.  Said  receipt  shall  be  signed  by 
the  licensee,  or  by  an  authorized  employee  which  employee 
must  hold  a certificate  of  fitness. 

§ 31.  No  explosives  shall  be  landed  at  the  piers  or 
elsewhere  in  the  city  or  transferred  to  a vessel  lying  at  a pier 
unless  the  explosives  contained  in  the  vessel  making  delivery 
are  in  charge  of  a duly  certified  employee  of  a person,  firm 
or  corporation  licensed  to  transport  or  sell  explosives  within 
the  city  limits.  No  explosives  shall  be  landed  at  the  city 
piers  unless  for  immediate  loading  into  wagons  for  distribu- 
tion to  consumers  for  use  within  twenty-four  hours  and  for 
which  orders  have  been  previously  received,  or  for  imme- 
diate transportation  by  railway  to  points  beyond  the  city 
limits. 

§ 32.  Explosives  other  than  those  delivered  for  imme- 
diate transportation  beyond  the  city  limits  shall  be  delivered 
to  licensed  magazines  by  the  employee  in  charge  of  the 
powder  wagon,  who  shall  note  the  quantity  in  magazine 
before  delivery  is  made,  and  the  quantity  delivered.  But 
where  in  blasting  it  becomes  necessary  to  use  more  than  the 
full  magazine  capacity  at  any  one  charge,  it  shall  be  lawful 
for  the  party  making  the  delivery,  to  deliver  to  the  con- 
tractor such  an  amount  and  no  more  as  may  be  necessary 
to  fire  one  blast,  and  it  shall  be  the  duty  of  the  contractor 
immediately  to  place  such  powder  in  the  blasting  holes  and 
see  that  it  is  fired  without  unnecessary  delay. 

§ 33.  No  person,  firm  or  corporation  engaged  in  the 
transportation  of  explosives  within  the  City  of  Yonkers  shall 
deliver  to  any  magazine  any  quantity  of  explosives  which 
exceeds  the  amount  required  for  that  day’s  work,  except 
magazines  for  which  special  permits  may  have  been  issued; 
provided,  that  in  no  case  shall  such  person,  firm  or  corpora- 
tion engaged  in  the  transportation  of  explosives  deliver  to 
any  magazine  any  amount  of  explosives  which  shall  cause 
the  amount  of  explosives  after  such  delivery  to  exceed  the 
duly  licensed  capacity  of  said  magazine. 


Code  of  Ordinances. 


219 


§ 34.  Explosives  intended  for  transportation  by  rail, 
shall  only  be  landed  at  railroad  piers,  from  whence  they  shall 
be  hauled  directly  to  magazines ; and  explosives  received  at 
railway  stations  within  the  city  limits  shall  be  promptly 
discharged  and  removed  to  such  storage  as  these  regulations 
prescribe.  Every  railroad  car  containing  explosives  within 
the  city  limits  must  be  marked  by  signs  securely  attached  to 
the  sides  of  the  car  parallel  with  the  tracks,  with  the  words 
“ EXPLOSIVES,  DANGEROUS/’  in  red  letters  at  least  12 
inches  high  on  a white  background.  Exploders  or  detona- 
tors shall  not  be  carried  on  the  same  car,  or  train  of  cars, 
within  the  city,  at  the  same  time  with  explosives. 

§ 35.  Explosives  not  exceeding  five  thousand  (5,000) 
pounds  for  shipment  by  vessel  to  ports  outside  of  the  city 
may  be  loaded  from  one  vessel  to  another  when  lying  at  1 he 
city  piers,  provided,  however,  that  black  powder  or  exploders 
shall  not  be  transferred  at  the  same  time  with  high  explo- 
sives or  from  the  same  boat  or  lighter ; amounts  in  excess 
of  five  thousand  (5,000)  pounds  shall  only  be  put  on  board 
a vessel  when  it  is  more  than  one  thousand  feet  from  the 
city  pier  line. 

§ 36.  Vessels  of  licensees  approaching  the  city  piers 
shall  not  carry  exploders  or  detonators  at  the  same  time  with 
explosives,  and  shall,  when  possible,  have  explosives  stowed 
on  deck  and  covered  with  tarpaulins. 

§ 37.  No  persons  except  employees  of  a licensee  or 
others  duly  authorized,  including  the  necessary  crew,  shall  be 
allowed  on  vessels  or  cars  transporting  or  landing  explosives, 
detonators  or  exploders  within  the  city  limits,  nor  shall 
any  intoxicated  person,  matches  (except  safety  matches),  or 
smoking  be  allowed  thereon. 

§ 38.  Every  person  now  connected  with,  or  purposing 
hereafter  to  be  connected  with,  as  principal,  any  blasting 
operations  shall,  as  hereinbefore  set  forth,  make  an  applica- 
tion to  the  Bureau  of  Combustibles  for  a permit  to  keep  and 
use  explosives,  giving  at  the  time,  in  writing,  name  of  licensee, 
location  of  office  or  place  of  business,  occupation,  proposed 
location  of  the  magazine  or  magazines,  together  with  plans 


220 


Code  of  Ordinances. 


and  descriptions  and  construclion  of  such  magazine  or 
magazines,  the  quant ity  and  kind  of  explosives  purposed  to 
be  kept  therein,  and  the  names  of  employees  who  should 
have  certificates  of  fitness. 

§ 39.  Magazines  for  the  storage  of  explosives  within 
the  city  shall  be  of  three  classes  as  follows: 

(a)  Magazines  of  the  first  class  are  those  which  are 
capable  of  containing  explosives  to  the  extent  of  more  than 
one  hundred  (100)  pounds  and  not  more  than  two  hundred 
and  fifty  (250)  pounds. 

(b)  Magazines  of  the  second  class  are  those  which  are 
capable  of  containing  not  more  than  one  hundred  (100) 
pounds,  and  more  than  fifty  (50)  pounds. 

(c)  Magazines  of  the  third  class  are  those  which  are 
capable  of  containing  not  more  than  fifty  (50)  pounds. 

§ 40.  (a)  Magazines  of  the  first  class  shall  be  construct- 

ed of  soft  wood,  tongued  and  grooved,  blind  nailed,  with  no 
hard  metal  or  iron  protruding  in  the  interior,  provided  with 
a hot  water  heater  or  so  arranged  as  1o  be  buried  in  manure, 
covered  on  the  outside  with  tin  painted  red.  They  shall  not 
have  an  interior  capacity  of  more  than  sixty  (60;  cubic  feet 
of  space. 

(b)  Magazines  of  the  second  class  shall  be  covered  on 
the  outside  with  fire-proof  material  painted  red,  and  on  the 
inside  with  wood,  and  may  be  heated  with  a hot  water 
heater  similar  to  magazines  of  the  first  class,  or  be  so  arranged 
as  to  admit  of  being  covered  with  fresh  manure.  Magazines 
of  the  second  class  shall  not  have  an  interior  capacity  of 
more  than  thirty  (30)  cubic  feet  of  space. 

(c)  Magazines  of  the  third  class  shall  consist  of  a stout 
wooden  box  covered  with  tin  painted  red  the  interior  capa- 
city of  which  shall  not  exceed  fifteen  (15)  cubic  feet  of  space 
the  contents  of  which  may  be  kept  from  freezing  by  burying 
the  magazine  in  manure;  or  magazines  of  the  third  class 
may  include  a hot  water  thawing  apparatus,  consisting  of  a 
water-tight  vessel  inclosed  in  a receptacle  of  wood  to  be  filled 
with  hot  water,  the  source  of  heat  to  be  from  an  exterior 
point. 


Code  of  Ordinances. 


221 


§ 41.  All  detonators  or  exploders  shall  be  kept  in  a 
separate,  fire-proof  magazine,  constructed  to  meet  the  ap- 
proval of  the  Commissioner  of  Public  Safety,  and  painted 
red,  with  the  words  “ Exploder  Magazine,”  on  front  and 
back,  and  “ Danger  ” on  sides  and  top  in  white  letters  three 
inches  in  height.  Magazines  for  explosives,  and  those  for 
detonators  and  exploders,  must  be  located  at  least  thirty 
(30)  feet  apart. 

§ 42.  All  nails  in  the  interior  of  magazine  shall  be 
■counter-sunk  and  the  wood  lining  so  arranged  that  no  metal 
shall  be  exposed.  Magazines  shall  be  kept  clean  and  free 
from  grit,  and  before  any  repairs  or  alterations  are  made  to 
any  part  thereof,  all  explosives  or  detonators  shall  be  care- 
fully removed  and  the  magazine  thoroughly  washed  out; 
all  tools  and  implements  used  in  making  such  repairs  and 
alterations  shall  be  of  wood,  copper,  brass  or  other  soft 
metal  or  material.  In  -no  case  shall  nails  or  screws  be 
driven  into  a magazine  or  material  that  has  once  formed  a 
part  of  a magazine,  and  all  wood  structural  parts  of  a maga- 
zine shall,  if  discarded,  be  immediately  burned  in  a safe 
place.  Magazines  shall  at  all  times  be  in  the  care  of  a com- 
petent employee,  whose  duty  it  shall  be  to  see  that  no  un- 
authorized person  has  access  to  them,  and  if  heating  appar- 
atus is  used  that  the  magazine  and  heating  house  are  safe 
and  undisturbed.  Said  employee  shall  have  no  other  duty 
that  will  interfere  with  his  careful  supervision  of  said  maga- 
zine and  shall  when  in  charge  of  a magazine  with  heating 
apparatus  attached  have  a certificate  of  fitness. 

§ 43.  The  Commissioner  of  Public  Safety  may  require 
a magazine  of  the  first  class  to  be  located  in  such  place  as 
the  public  safety  may  seem,  in  his  discretion,  to  demand. 

§ 44.  All  magazines  for  explosives  shall  be  painted 
bright  red  with  the  words,  “ DYNAMITE  MAGAZINE, 
DANGER,”  painted  conspicuously  thereon  in  white  letters, 
such  letters  shall  be  at  least  six  inches  high  on  magazines 
of  the  first  and  second  class,  and  three  inches  high  on  maga- 
zines of  the  third  class.  The  location  of  every  magazine  of 
the  first  and  second  classes  shall  be  approved  in  writing  by 
the  Inspector  of  Combustibles;  a copy  of  said  permit  being 


222 


Code  of  Ordinances. 


filed  with  the  Inspector,  and  another  copy  being  attached  to 
the  magazine. 

§ 45.  Magazines  of  the  third  class  shall  be  located  at 
least  twenty  (20)  feet  from  the  nearest  building,  or  if  at  a 
nearer  point  such  location  must  have  the  specific  approval 
of  the  Inspector  of  Combustibles. 

§ 46.  Magazines  shall  contain  only  the  amount  of  ex- 
plosives or  detonators  named  in  the  license,  or  permit,  and 
the  placing  therein  of  any  other  explosive,  caps,  exploders, 
or  detonators,  candles,  matches,  tools,  cotton  waste  or  any 
article  liable  to  cause  explosion  or  fire,  or  any  iron,  steel  or 
grit,  is  absolutely  forbidden. 

§ 47.  It  is  to  be  understood  that  a danger  area  exists- 
on  each  side  of  every  magazine  in  proportion  to  the  quantity 
of  explosive  contained  therein,  and  it  shall  be  the  duty  of 
the  magazine  keeper  to  keep  a suitable  space  clear  in  its 
vicinity  free  from  the  storage  of  any  material,  and  to  prevent 
the  loitering  therein  of  any  person.  Smoking  within  ten 
feet  of  a magazine  containing  explosives  or  detonators  shall 
not  be  permitted. 

§ 48.  It  shall  be  the  duty  of  the  Inspector  to  see  that 
each  magazine  is  located  as  safely  as  possible,  and  that  as 
large  a free  space  area  be  maintained  as  circumstances  will 
permit,  but  in  no  case  less  than  three  (3)  feet. 

§ 49.  Only  persons  who  hold  certificates  of  fitness,  or 
other  authorized  persons,  shall  be  permitted  to  have  access 
to  the  magazines,  which  shall  be  kept  securely  locked  when 
not  open  for  the  introduction  or  removal  of  explosives  or 
detonators  or  to  inspection  by  duly  authorized  officers  of  the 
city. 

§ 50.  On  the  inside  of  the  door  or  cover  of  every  maga- 
zine there  shall  be  posted  a license  or  permit  in  such  position 
as  will  expose  it  to  full  view  when  the  magazine  is  open. 
A license  for  the  storage,  sale,  use  or  transportation  of  ex- 
plosives shall  carry  with  it  the  right  to  store,  sell,  use  or 
transport  the  necessary  quantity  of  detonators  or  exploders 
without  further  bond  or  fee. 


Code  of  Ordinances. 


223 


§ 51.  In  the  keeping  of  explosives  from  freezing  or  in 
thawing  of  the  same  when  frozen,  only  one  of  two  methods 
shall  be  permitted:  First,  by  some  form  of  hot  water  heater 
where  it  is  impossible  for  the  maximum  degree  of  heat  to 
exceed  the  temperature  of  boiling  water;  or,  second,  the 
burying,  in  manure,  of  the  receptacles  containing  explosives. 
All  other  methods  are  absolutely  forbidden,  except  after 
specific  approval  in  each  case  by  the  Inspector  of  Combus- 
tibles. : P .3  i 

§ 52.  Caps,  detonators,  or  other  similar  explosives  of  a 
high  order  shall  not  be  brought  within  twenty  (20)  feet  of 
the  magazine. 

§ 53.  Magazines  shall  at  all  times  be  kept  clean  and 
free  from  papers,  rubbish,  empty  packages,  etc. 

§ 54.  In  case  explosives  or  detonators  are  not  being 
safely  stored  or  transported,  it  shall  be  the  duty  of  the  In- 
spector of  Combustibles  to  remove  the  same  to  a place  of 
safety  at  the  expense  of  the  owner  thereof. 

§ 55.  Before  transferring  magazines  from  one  location 
to  another  a permit  so  to  do  must  be  obtained  from  the 
Inspector  of  Combustibles. 

§ 56.  No  person,  other  than  a holder  of  a certificate 
of  fitness,  shall  do  any  blasting  operation  or  handle  explosives 
Dr  detonators. 

§ 57.  Cartridges,  while  being  capped,  shall  be  removed 
from  the  magazine  to  a distance,  if  possible,  of  fifty  (50) 
feet,  but  in  no  event  less  than  twenty  (20)  feet,  and  after 
being  capped  shall  not  be  returned  to  the  magazine.  If  re- 
quired to  be  kept  from  freezing  they  shall  be  kept  in  a 
special  magazine  of  the  third  class  in  as  small  amount  as 
possible.  Cartridges  shall  be  capped  only  as  required  for 
the  work  and  for  immediate  use. 

§ 58.  Frozen  or  partly  frozen  explosives  shall  not  be 
placed  in  drill  holes.  Frozen  cartridges,  if  not  capped,  must 
he  returned  to  the  original  magazine  to  be  thawed.  All 
primed  cartridges  left  over  after  drill  holes  are  charged  shall 
have  the  primers  at  once  removed,  following  which  the  cart- 


224 


Code  of  Ordinances. 


ridges  are  to  be  returned  at  once  to  the  magazine  and  the 
primers  to  their  usual  place  of  storage.  If  necessary  to  re- 
move the  cap  or  detonator  from  any  cartridge,  care  must 
be  exercised  in  so  doing. 

§ 59.  In  tamping  drill  holes  wooden  rammers  shall  be 
used.  Tamping  by  strokes  is  forbidden,  and  only  direct 
application  of  pressure  permitted.  Only  one  primer  shall  be 
used  in  a drill  hole,  and  great  care  shall  be  exercised  in  placing 
it  and  while  tamping  above  and  around  it. 

§ 60.  Immediately  after  loading  the  holes  they  must 
be  well  tamped  and  sufficient  covering  placed  thereon  in  one 
continuous  uninterrupted  operation.  Immediately  that  the 
covering  is  in  place  the  flag  men  shall  be  sent  out  and  the 
blast  shall  be  fired  immediately  after  the  bystanders  shall 
have  been  removed  to  a sufficient  distance. 

§61.  After  the  blast  is  fired  no  drilling  shall  take  place 
nor  any  loading  of  holes  there  or  nearby  until  the  surface 
and  face  and  all  exposed  portions  of  rock  where  the  blast 
was  fired  shall  have  been  uncovered,  the  debris  removed,, 
and  a thorough  search  and  examination  made  by  the  certi- 
fied blaster  who  fired  the  blast  for  unexploded  charges. 

§ 62.  In  the  event  of  the  charge  not  exploding  it  is 
forbidden  to  remove  the  tamping,  but  a new  hole  shall  be 
drilled  not  nearer  than  twelve  (12)  inches  from  the  first 
one  and  another  charge  put  in  the  second  hole  and  fired.  In 
such  a case  only  one  hole  shall  be  loaded  and  fired  near  the 
unexploded  charge,  and  the  unexploded  and  new  charge 
shall  both  be  thoroughly  and  effectively  covered.  In  the 
case  of  an  explosion  not  carrying  away  the  entire  drill  hole,, 
but  leaving  the  lower  part  intact,  it  is  forbidden  to  begin 
drilling  from  the  bottom  of  the  old  drill  holes,  as  portions 
of  the  former  charge  may  remain  and  explode  when  exposed 
to  the  blows  of  the  drill. 

§ 63 . In  order  to  insure  the  safety  of  surrounding  prop- 
erty and  persons,  no  larger  charge  shall  be  used  than  is 
necessary  properly  to  start  the  rock,  and  rock  excavating 
contiguous  to  any  structure  shall  be  so  carried  on  as  not  to 
cause  damage  to  such  structure.  To  this  end,  weak  walls , 


Code  of  Ordinances. 


225 


or  other  supports  of  such  structure  must  be  shored  up,  and 
rotten  or  decomposed  rock  must  be  removed  by  the  use  of 
gads,  pick  and  crowbars  only.  When  blasting  next  to  such 
structure  is  unavoidable,  light  face  blasts  only,  with  short 
lines  of  resistance  and  small  charges  shall  be  used. 

§ 64.  The  quantity  of  explosive  to  be  used  shall  not 
exceed  in  disruptive  force,  the  equivalent  of  one  pound  in 
weight  of  40  per  cent,  dynamite  for  each  four  feet  in  depth 
of  hole,  unless  the  hole  be  of  greater  depth  than  ten  (10) 
feet  below  the  level  of  the  curb  or  crown  of  the  street  ad- 
joining, in  which  case  there  may  be  used  for  the  depth  below 
the  ten  foot  level,  one  pound  in  weight  of  60  per  cent,  dyna- 
mite for  each  four  feet  in  depth  of  hole. 

§ 65.  Before  firing  any  blasts,  except  where  the 
same  are  in  tunnel  and  distant  from  the  face  or  portal 
more  than  fifty  (50)  feet,  the  rock  to  be  blasted  shall  be 
covered  on  the  top  and  sides  with  timber  at  least  ten  inches 
in  smallest  diameter  and  ten  feet  long  held  securely  to- 
gether by  chains  or  rope  of  iron  or  steel  three-fourths  of 
an  inch  in  diameter,  and  covered  with  sheets  of  tin  or  stout 
woven  matting  of  rope  or  some  other  equally  serviceable 
material  to  prevent  the  debris  from  flying. 

§ 66.  Red  flags  in  the  hands  of  competent  men,  shall 
be  placed  at  reasonable  distances  from  the  blasts  on  all  sides, 
to  give  proper  warning  at  least  three  minutes  in  advance  of 
firing  the  blast. 

§ 67.  The  careful  handling  of  all  explosives,  whether 
frozen  or  not  frozen,  is  ordered.  Warming  and  thawing  ex- 
plosives by  placing  same  near  fire,  against  steam  pipes,  or  in 
water  is  exceedingly  dangerous  and  is  therefore  prohibited. 

§ 68.  Magazines  must  be  kept  dry  and  all  moisture 
kept  away  from  the  explosives.* * 

Nitroglycerine  compounds  are  sensitive  to  moisture,  and 
the  ordinary  absorbent  bases  have  a tendency  to  absorb 
moisture,  by  which  absorption  there  is  displaced  an  equiva- 
lent amount  of  nitroglycerine;  hence  the  specific  prohibition 

of  the  most  dangerous  methods  of  thawing. 

*Note: — Nitroglycerine  is  very  sensitive  at  a temperature  exceeding  300 
degrees  Fahrenheit,  and  at  350  degrees  is  liable  to  explode  spontaneously. 


226 


Code  of  Ordinances. 


§ 69.  Retail  dealers,  duly  licensed,  shall  be  permitted 
to  carry  on  hand  of  smokeless  or  black  powder,  or  both,  not 
exceeding  fourteen  pounds,  to  be  stored  in  a receptacle  which 
can  be  flooded  from  the  exterior  of  the  building.  Permits 
therefor  shall  be  issued  by  the  Commissioner  of  Public  Safety, 
after  the  approval  of  the  Inspector  of  Combustibles,  showing 
building  and  location  of  room  if  stored  elsewhere  than  in  the 
store  or  under  the  sidewalk.  Or  said  powder  may  be  stored 
on  the  premises  in  a light  metal  receptacle  properly  locked 
and  on  wheels,  plainly  marked  “ POWDER,”  and  located 
not  more  than  ten  (10)  feet  from  and  immediately  in  front 
of  the  entrance  from  the  street,  which  receptacle  shall  at  all 
times  be  kept  locked  except  when  actually  necessary  to  ob- 
tain access  to  its  contents.  On  the  front  of  each  of  such 
establishments,  not  more  than  seven  feet  above  the  sidewalk, 
shall  be  displayed  a sign  not  less  than  eighteen  (18)  inches 
long  and  ten  (10)  inches  high,  to  be  approved  by  the  Com- 
missioner of  Public  Safety  marked,  “ Licensed  to  Sell  Gun- 
powder.” 

§ 70.  The  annual  charge  for  a retail  license  to  sell 
black  and  smokeless  powder  such  as  is  used  as  a propelling 
charge,  shall  be  ten  ($10.00)  dollars,  the  same  to  be  collected 
by  the  Commissioner  of  Public  Safety. 

§ 71.  No  permit  will  be  issued  for  such  sales  to  be  made 
at  any  building  or  premises  where  cigars  or  cigarettes  are 
kept  for  sale;  where  paints,  oils  or  varnishes  are  manufac- 
tured or  kept,  either  for  use  or  for  sale;  in  which  any  car- 
penter shop  or  drug  store  is  located;  where  the  sale  of  kero- 
sene or  other  product  of  petroleum  has  been  permitted,  or 
where  fireworks  of  any  kind,  petroleum  or  any  of  its  products, 
coal,  oil,  camphene,  burning  fluid  or  other  products  or  com- 
pounds containing  any  of  said  substances,  matches  (except 
safety  matches),  tar,  pitch,  resin  or  turpentine,  hay,  cotton, 
or  hemp  are  manufactured,  stored  or  kept  for  sale. 

§ 72.  No  permit  will  be  issued  for  such  sales  in  any 
frame  or  wooden  building  within  the  fire  limits  as  established 
in  the  city. 

§ 73.  No  permit  shall  be  issued  for  such  sales  in  prem- 


Code  of  Ordinances. 


227 


ises  within  a radius  of  fifty  (50)  feet  of  the  premises  covered 
by  an  existing  permit. 

§ 74.  All  premises  for  which  such  permits  are  issued 
must  be  lighted  with  gas  or  electricity,  and  all  lights  must 
be  protected  with  glass  or  wire  coverings. 

§ 75.  The  person  or  persons  to  whom  such  permit  is 
issued  must  sign  an  agreement  not  to  permit  smoking,  nor 
the  use  of  any  substance  or  agency  for  illuminating  purposes 
except  gas  and  electricity  upon  or  about  the  premises  where 
such  sales  are  licensed,  nor  to  expose  any  of  the  said  explo- 
sives for  sale  outside  the  walls  of  said  building,  nor  in  any 
door  or  window,  and  that  any  violation  of  such  an  agreement 
shall  operate  as  a forfeiture  of  said  permit. 

§ 76.  In  case  of  the  storage  of  amounts  in  excess  of 
limits  imposed  by  permit,  it  shall  be  the  duty  of  the  Com- 
missioner of  Public  Safety  to  revoke  the  offending  licensees 
license  and  no  new  license  shall  be  issued  to  said  party 
within  three  years. 

§77.  The  Commissioner  of  Public  Safety  shall  have 
authority  to  revoke  any  license  to  sell  at  retail  should  he 
deem  it  to  the  public  interest  to  do  so. 

§ 78.  The  sale  of  black  sporting  powder,  excepting  to 
military  organizations,  licensed  individuals,  or  firms  engaged 
in  shell-loading,  owners  of  vessels  for  saluting  purposes  or 
for  shipment  beyond  the  limits  of  the  city,  is  prohibited. 

APPROVAL  OF  BRANDS  OF  EXPLOSIVES. 

§ 79.  The  following  named  explosives  are  deemed 
proper  to  be  sold  or  used  in  accordance  with  the  requirements 
of  these  regulations.  Additions  may  be  made  to  this  list 
from  time  to  time  in  the  discretion  of  the  Bureau  of  Com- 
bustibles: 

Repauno  Gelatine. 

Hercules  Gelatine. 

Nitroplastine. 

Aetna. 


228 


Code  of  Ordinances. 


Atlas. 

Forcite. 

Giant  Rack-arock. 

Climax. 

Hercules. 

Miner’s  Friend. 

Masurite. 

Joveite. 

Red  Star. 

Smokeless  Powder  for  rifles  and  shot  guns. 

Black  Rifle  and  Blasting  Powder. 

Dittmar. 

Electric  form  of  battery  is  the  only  form  approved;  fuse 
form  disapproved. 

§ 80.  Nothing  herein  contained  shall  create  any  liabil- 
ity whatsoever  on  the  part  of  the  City  of  Yonkers  to  anyone 
whomsoever  for  any  act,  default  or  omission  on  the  part  of 
any  person,  firm  or  corporation  to  whom  has  been  issued 
any  license  or  certificate  as  aforesaid. 

§ 81.  Any  person  violating  this  article  shall  be  guilty 
of  a misdemeanor  and  shall  be  liable  to  a fine  not  exceeding 
one  hundred  and  fifty  ($150.00)  dollars  for  each  offense, 
and  shall  in  addition  thereto  forfeit  any  license  or  certificate 
held  by  him. 

ARTICLE  XXII. 

ON  LABOR  AND  SUPPLIES  FOR  THE  MUNICIPALITY. 

Section  1.  All  labor,  skilled  or  unskilled,  for  the  City 
of  Yonkers,  its  various  municipal  boards,  officials  or  agents, 
shall  be  performed  only  by  citizens  of  Yonkers  and  to  further 
observe  the  best  interests  of  the  tax  payers  in  disbursing 
public  monies  and  secure  the  best  possible  workmanship, 
mechanics  affiliated  with  the  trade  organizations  of  their 
crafts  shall  be  given  preference  in  the  performance  of  con- 
tracts, whenever  and  wherever  practicable. 

§ 2.  All  supplies  for  the  various  departments  of  the 
city  government  shall  be  purchased  in  the  City  of  Yonkers 


Code  of  Ordinances. 


229 


or  through  the  business  houses  representing  the  manufac- 
turers of  the  commodities  required.  In  all  contracts,  Yon- 
kers contractors  shall  be  given  the  preference,  whenever  and 
wherever  practicable. 


ARTICLE  XXIII. 

SANITARY  CODE  OF  THE  CITY  OF  YONKERS. 


The  following  provisions  shall  constitute  and  shall  be 
known  as  the  Sanitary  Code: 

TITLE  I. 

THE  HEALTH  OFFICER. 

Section  1.  It  shall  be  the  duty  of  the  Health  Officer  to 
see  that  the  provisions  of  the  Sanitary  Code,  the  ordinances, 
rules,  regulations  and  requirements  of  the  Health  Bureau  of 
the  City  of  Yonkers  are  properly  complied  with,  and  to  report 
to  the  Commissioner  of  Public  Safety  forthwith  any  violation 
thereof,  as  well  as  of  any  law  of  the  State  of  New  York  relat- 
ing to  the  public  health,  which  has  been  violated  in  the  City 
of  Yonkers. 

§ 2.  The  Health  Officer  shall  report  to  the  Commis- 
sioner of  Public  Safety  bi-monthly  all  matters  relating  to 
public  health  which  shall  have  come  under  his  observation, 
or  of  which  he  shall  have  been  informed,  and  at  the  first 
meeting  of  each  month  he  shall  report  a table  to  be  made 
up  from  the  most  reliable  sources  which  he  can  command, 
showing  the  mortality  within  the  City  of  Yonkers  within 
the  month  then  passed,  and  showing  the  particular  causes 
thereof,  specifying  the  different  diseases,  and  such  other  in- 
formation as  may  be  necessary  and  important  to  keep  said 
Commissioner  informed  of  the  condition  of  the  health  of  the 
city,  and  to  enable  him  to  prevent  the  spread  or  increase  of 
disease;  and  he  shall  at  such  other  times  as  he  may  deem 


230 


Code  of  Ordinances. 


proper  communicate  to  the  Commissioner  of  Public  Safety 
matters  relating  to  the  health  of  the  city. 

§ 3 . The  Health  Officer  or  other  duly  authorized  officers 
of  the  Health  Bureau,  is  hereby  empowered: 

a.  To  enter  upon  and  into  any  premises,  lots,  yards, 
buildings  and  houses  within  the  City  of  Yonkers  at  all  rea- 
sonable times,  for  the  purpose  of  investigating  any  suspected 
cause  or  promo t ant  of  disease  or  ill-health,  and  to  order  and 
direct  the  removal  or  remedy  of  such  cause  or  promotant 
of  disease  or  ill-health,  or  to  remedy  or  remove  the  same. 

b.  To  examine  all  infected  houses,  buildings,  dwellings, 
outhouses,  yards  and  other  premises. 

c.  To  cause  a smoke  test  or  peppermint  test  to  be  ap- 
plied to  the  plumbing  and  drainage  system  of  all  houses  in 
the  City  of  Yonkers  infected  with  contagious  disease. 

d.  To  examine  any  building,  tenement  house,  dwelling, 
stable,  vault,  water  conduit,  cesspool,  sewer  pipe  or  basin, 
yard  or  other  premises  during  and  within  all  reasonable 
times,  for  the  purpose  of  ascertaining  the  cleanliness,  ven- 
tilation or  other  condition  thereof. 

e.  To  require  any  person  or  persons  using  the  same, 
or  occupying  the  premises  whereon  the  same  are  situated, 
or  owning  said  premises,  to  cleanse,  disinfect,  ventilate  and 
purify  the  same,  and  to  empty  any  such  vault,  water  conduit, 
cesspool,  sewer  pipe  or  basin. 

f.  To  require  all  persons  infected  with,  or  who  shall 
have  been  exposed  to  any  contagious  or  infectious  disease 
and  not  properly  isolated,  to  be  removed  to  the  City  Hos- 
pital. The  said  Health  Officer  shall  also  have  the  power  to 
ascertain  and  determine  the  expense  of  such  removal,  and 
the  expense  incurred  for  medical  care,  attendance  and  sup- 
port of  the  persons  so  removed,  and  to  report  the  same  to 
the  Commissioner  of  Public  Safety. 

g.  To  examine  plans  and  specifications  for  plumbing 
and  drainage  submitted  according  to  the  rules  and  regula- 
tions of  the  Health  Bureau  and  to  approve  the  same  when 
in  conformity  with  such  rules  and  regulations ; also  to  inspect 
the  work  of  plumbing  and  drainage  upon  any  premises  in 


Code  of  Ordinances. 


2 31 


the  City  of  Yonkers  while  the  same  is  in  progress  and  at  its 
completion,  and  to  see  that  the  rules  and  regulations  of  the 
said  Bureau  as  to  plumbing  and  drainage  are  complied  with. 

§ 4.  It  shall  be  the  duty  of  the  said  Health  Officer  to 
personally  investigate  the  sanitary  condition  of  premises 
and  the  means  employed  for  the  isolation  of  the  patient,  in 
every  case  of  small-pox,  typhus  fever,  scarlet  fever,  diphtheria 
and  other  dangerous  contagious  diseases  occurring  in  the 
City  of  Yonkers,  and  to  report  the  same  in  writing  to  the 
Commissioner  of  Public  Safety. 

§5.  It  shall  be  the  duty  of  the  Health  Officer  in  every 
case  of  small-pox,  typhus  fever,  scarlet  fever,  diphtheria,  or 
other  dangerous  contagious  diseases  occurring  in  the  City  of 
Yonkers,  to  cause  a printed  notice  or  placard  denoting  the 
disease,  to  be  placed  on  the  apartment  door  of  all  houses 
occupied  by  more  than  one  family,  and  upon  the  front  door 
of  houses  occupied  by  one  family,  where  a contagious  disease 
exists. 

§ 6.  It  shall  be  the  duty  of  the  Health  Officer  to  cause 
all  premises  infected  with  contagious  disease  to  be  disin- 
fected and  fumigated  at  the  expiration  of  quarantine,  by, 
or  under  the  supervision  of,  an  inspector  of  the  Health 
Bureau. 

§ 7.  Whenever  a physician’s  report  pursuant  to  the 
provisions  of  Section  12  of  this  Sanitary  Code  shall  have 
been  received  by  the  Health  Officer,  it  shall  be  his  duty 
to  record  and  register  in  a book  suitable  for  the  purpose  all 
the  facts  and  information  stated  in  such  report.  Such  re- 
port and  register  shall  be  the  property  of  the  Health  Bureau, 
and  shall  be  confidential,  and  not  accessible  to  the  public 
except  on  recommendation  of  the  Health  Officer  and  by  a 
written  order  of  the  Commissioner  of  Public  Safety,  when 
the  information  may  be  given  for  such  scientific  and  san- 
itary purposes  as  may  be  deemed  important.  The  Com- 
missioner of  Public  Safety  shall  furnish  to  the  Health  Officer 
all  necessary  blanks,  envelopes  and  postage  stamps  required 
for  making  such  report,  the  same  to  be  delivered  by  the 
Health  Officer  to  the  physician. 


232 


Code  of  Ordinances. 


TITLE  II. 

REGISTRATION  OF  PHYSICIANS,  NURSES  AND 

MIDWIVES. 

§8.  It  shall  be  the  duty  of  all  physicians  and  surgeons 
now  in  Yonkers,  and  all  physicians  and  surgeons  who  may 
at  any  time  begin  or  engage  in  the  practice  of  medicine  or 
surgery  in  this  city  to  register  his  or  her  name  and  residence, 
also  the  name  of  the  institution  which  authorized  him  or 
her  to  practice,  and  the  date  of  such  qualification,  in  a book 
provided  for  that  purpose  in  the  office  of  the  Health  Bureau. 

§ 9.  It  shall  be  unlawful  and  all  persons  are  hereby 
forbidden  to  practice  the  calling  of  a professional  midwife 
or  nurse,  without  first  registering  in  his  or  her  handwriting 
in  a book  of  registry  provided  for  that  purpose  at  the  office 
of  the  Health  Bureau,  his  or  her  name  and  place  of  residence, 
and  such  persons  shall  also  submit  to  the  Health  Bureau 
proper  credentials  as  to  his  or  her  ability  and  identity. 
For  the  purpose  of  this  rule,  a certificate  from  a hospital 
or  other  incorporated  institution  whereat  such  midwife  or 
nurse  has  been  qualified  to  practice  his  or  her  profession, 
or  from  a legally  qualified  physician,  may  be  deemed  suffi- 
cient. Such  registration  and  right  to  practice  nursing  or 
midwifery  may  be  revoked  at  the  pleasure  of  the  Commis- 
sioner of  Public  Safety. 


TITLE  III. 

CONCERNING  CONTAGIOUS  AND  INFECTIOUS 

DISEASES. 

§ 10.  It  shall  be  the  duty  of  every  person  knowing  of 
any  individual  in  the  City  of  Yonkers  sick  or  infected  with 
a contagious  or  infectious  disease  in  which  there  is  danger 
of  an  epidemic,  to  at  once  report  to  the  Health  Officer  the 
facts  in  regard  to  the  disease,  condition  and  dwelling  place 
of  such  sick  persons;  and  no  person  shall  interfere  with  or 


Code  of  Ordinances. 


233 


obstruct  the  entrance,  inspection  and  examination  of  any 
such  building  or  house,  or  the  examination  of  such  sick 
person  by  the  Health  Officer,  or  other  persons  authorized 
by  the  Commissioner  of  Public  Safety,  when  there  has  been 
reported  the  case  of  a person  sick  with  the  aforesaid  con- 
tagious or  infectious  disease  at  any  place  within  the  City  of 
Yonkers. 

§11.  The  Health  Officer  is  hereby  authorized  and  em- 
powered to  declare  that  any  house,  building,  section  or 
locality  within  the  city  is  infected  with  a contagious,  in- 
fectious or  pestilential  disease,  and  to  designate  such  house, 
building,  section  or  locality  in  such  instrument,  and  also  by 
printed  or  written  notices  and  by  setting  yellow  flags  upon 
any  building.  Also  to  barricade  streets  to  prevent  passage 
through  such  infected  district,  section  or  locality;  and  it 
shall  be  unlawful,  and  all  persons  are  hereby  forbidden 
passing  out  of  or  into  any  such  house,  building,  section, 
locality  or  district  so  designated  as  infected  with  a con- 
tagious, infectious  or  pestilential  disease,  without  first  ob- 
taining from  the  Health  Officer  a permit  to  do  so. 

§ 12.  Every  physician  residing  in  the  City  of  Yonkers, 
and  every  physician  who  shall  at  any  time  practice  his  pro- 
fession in  the  City  of  Yonkers  must  report  in  writing  to  the 
Health  Officer  within  twenty-four  hours  after  discovery  by 
him,  any  and  every  person  sick,  affected  with  or  attacked 
by  any  of  the  following  named  diseases,  viz. : Cholera,  yellow 
fever,  small-pox,  diphtheria,  typhus  fever,  typhoid  fever, 
epidemic  cerebro -spinal  meningitis,  relapsing  fever,  measles, 
scarlet  fever  and  pulmonary  tuberculosis,  and  any  cases  of 
contagious  or  infectious  diseases  in  which  there  is  danger  of 
an  epidemic.  Such  report  shall  specify  any  and  every  per- 
son sick,  the  residence  of  such  person,  by  street  and  number, 
the  sex,  age  and  disease,  whether  one  or  more  families  live 
in  the  house,  how  the  disease  was  contracted,  if  known,  the 
occupation  of  the  patient  or  parent  of  patient,  the  condition 
of  the  premises. 

§ 13.  No  person  shall,  -within  -the  City  of  - Yonkers, 
without  permission  of  the  Health  Officer,  carry  or  remove, 
or  cause  or  permit  to  be  carried  or  removed  any  person  sick 


234 


Code  of  Ordinances. 


with  small-pox  or  any  other  contagious  or  infectious  disease, 
in  which  there  is  a danger  of  an  epidemic,  or  remove  or 
cause  to  be  removed  any  such  person  from  any  building  or 
vessel  to  any  other  building  or  vessel  or  to  the  shore  or  to 
or  from  any  vehicle  in  any  part  of  said  city.  Nor  shall  any 
person,  by  any  exposure  of  any  individual  sick  of  any  con- 
tagious or  infectious  disease,  or  of  the  body  of  such  person, 
or  by  any  negligent  act,  connected  therewith,  or  in  respect 
to  the  care  and  custody  thereof,  or  by  needless  exposure  of 
himself,  cause  or  contribute  to,  or  promote  the  spread  of 
disease  from  any  such  person,  or  from  any  dead  body. 

§ 14.  School  teachers  or  any  person  connected  with 
the  schools  shall  not  be  allowed  to  attend  or  visit  the  schools 
while  any  dangerous  contagious  disease  exists  in  the  house 
in  which  they  live,  unless  by  a special  permit  from  the 
Health  Officer. 

§ 14a.  School  children  shall  not  be  allowed  to  attend 
school  while  any  contagious  disease  exists  in  the  house  in 
which  they  live,  excepting  where  the  contagious  disease  is 
well  isolated,  the  children  of  unaffected  families  of  an  apart- 
ment house  may  attend  if  given  permission  by  the  Health 
Officer. 

§ 15.  In  cases  of  diphtheria,  no  person  from  the  in- 
fected house  shall  be  permitted  to  resume  school  attendance 
until  28  days  from  the  occurrence  of  the  last  case  in  the 
house,  or  until  a bacteriological  examination  shows  no  diph- 
theretic  germs  in  the  throat. 

§ 16.  In  cases  of  scarlet  fever,  no  person  from  the  in- 
fected house  shall  be  allowed  to  resume  school  attendance 
until  forty-two  (42)  days  from  the  occurrence  of  the  last 
case  in  the  house,  or  until  desquamation  has  entirely  ceased. 

§ 17.  In  cases  of  measles,  the  infected  person  and 
those  in  the  same  house  or  apartment  who  have  never  been 
affected  shall  not  be  allowed  to  resume  school  attendance 
until  fourteen  (14)  days  from  the  occurrence  of  the  last  case 
in  said  house  or  apartment.  This  rule  does  not  apply  in 
any  sense  to  those  persons  who  may  once  have  been  infected 
with  the  measles. 


Code  of  Ordinances 


235 


§ 18.  No  children  of  a family  affected  by  any  dangerous 
contagious  disease  shall  be  permitted  to  attend  school  until 
the  premises  have  been  properly  fumigated  by  or  under  the 
supervision  of  the  Health  Department  and  until  the  Super- 
intendent of  Schools  shall  receive  a certificate  from  the 
Health  Officer. 

§ 19.  In  cases  of  diphtheria,  the  infected  person  must 
be  properly  and  thoroughly  isolated  and  remain  so  isolated 
for  a period  of  four  weeks,  or  until  diphtheria  germs  can  no 
longer  be  found  in  the  throat  ,on  bacteriological  examination. 

§ 20.  In  cases  of  scarlet  fever,  the  infected  person 
must  be  promptly  and  thoroughly  isolated,  and  remain  so 
isolated  for  a period  of  six  weeks,  or  if  the  case  has  been  pro- 
longed beyond  six  weeks,  until  desquamation  has  entirely 
ceased. 

§ 21.  In  cases  of  measles,  the  infected  person  must  be 
promptly  and  thoroughly  isolated,  and  remain  so  isolated 
for  a period  of  two  weeks  from  the  date  of  the  occurrence  of 
the  disease. 

§ 22.  No  parent,  guardian,  master  or  custodian  of  any 
child  or  minor  (having  power  or  authority  to  prevent)  shall 
permit  any  child  or  minor  to  be  unnecessarily  exposed,  or 
needlessly  expose  any  other  person  to  the  taking  or  the  in- 
fection of  any  contagious  disease,  and  no  parent,  guardian, 
master  or  custodian  of  any  child,  nor  any  principal,  teacher 
or  manager  of  any  public  or  private  school,  shall  permit 
any  child  to  attend  any  school  in  the  City  of  Yonkers, 
whether  public  or  private,  who  is  sick  with  any  contagious, 
infectious  or  pestilential  disease,  or  who  resides  in  any  house 
where  there  is  a person  sick  with  any  such  disease,  until  he 
or  she  shall  have  obtained  from  the  Health  Officer  per- 
mission to  attend  such  school. 

§ 23.  No  such  permission  as  hereinbefore  provided  for 
shall  be  granted  except  on  the  certificate  of  a legally  quali- 
fied physician  approved  by  the  Health  Officer  of  this  Bureau 
declaring  the  child  or  person  and  the  house  in  which  such 
child  or  person  resides,  to  be  free  from  the  infectious  or  con- 


236 


Code  of  Ordinances. 


tagious  power  of  the  disease  of  which  such  child  or  person 
was  affected. 

§ 24.  Every  parent,  guardian,  master  or  person  having 
the  care,  custody  or  control  of  any  minor  or  other  individual 
shall,  to  the  extent  of  his  means,  power  and  authority,  cause 
and  procure  such  minor  or  individual  to  be  so  promptly, 
frequently  and  effectually  vaccinated  that  such  minor  or 
individual  shall  not  take  or  be  liable  to  take  the  small-pox. 

It  shall  be  the  duty  of  every  person  in  the  City  of  Yon- 
kers to  be  and  to  continue  to  be  effectually  vaccinated  so 
as  not  to  take  or  be  liable  to  take  the  small-pox. 

§ 25.  No  person  shall  be  allowed  to  attend  any  public 
or  private  school  unless  he  or  she  furnishes  evidence  of 
having  been  properly  vaccinated. 

§ 26.  It  shall  be  unlawful  for  any  person: 

a.  To  bring  into  the  City  of  Yonkers  any  person  having 
a contagious,  infectious  or  pestilential  disease,  or  who, 
within  one  month,  shall  have  been  so  affected. 

b.  To  come  into  or  within  the  limits  of  the  City  of 
Yonkers,  being  at  the  time  infected  with  or  laboring  under, 
any  contagious,  infectious  or  pestilential  disease,  or  who, 
within  one  month,  shall  have  been  so  affected. 

c.  To  visit  the  rooms  or  apartments  occupied  by  any 
person  affected  with,  or  laboring  under,  any  infectious,  con- 
tagious or  pestilential  disease;  or  the  rooms  or  apartments 
of  any  person  attending  upon  or  nursing  the  person  so  af- 
fected ; provided  that  this  prohibition  shall  not  apply  to  the 
person  or  persons,  or  physicians  in  attendance  upon  or 
having  charge  of  such  sick  person. 

d.  To  attend  at  the  house  or  building  in  which  any 
person  shall  have  died  of  any  contagious,  infectious  or  pes- 
tilential disease,  the  funeral  of  such  diseased  person;  pro- 
vided that  this  prohibition  shall  not  apply  to  the  -undertaker 
in  charge  of  such  funeral,  the  physician  who  shall  have  been 
in  attendance,  or  the  immediate  family  to  which  such  de- 
ceased person  belonged,  residing  in  the  same  house. 

e.  To  bring  into  or  within  the  City  of  Yonkers  any 
article  of  wearing  apparel,  bed  clothing  or  clothing  of  any 


Code  of  Ordinances. 


237 


kind,  which  shall  have  been  used  by  any  person  who  shall 
have  been  affected  by  or  died  of  any  contagious,  infectious 
or  pestilential  disease,  or  by  the  family  or  attendants  of 
any  such  sick  or  deceased  person. 

f.  To  bring  into  the  City  of  Yonkers  the  body  of  any 
person  that  shall  have  died  of  any  contagious,  infectious  or 
pestilential  disease  except  in  conformity  with  the  require- 
ments of  the  State  Department  of  Health. 

g.  For  any  person  afflicted  with  a contagious  disease, 
or  who  has  recently  been  exposed  to  such  contagion,  to 
change  his  or  her  residence  in  the  City  of  Yonkers  without 
permission  of  the  Health  Officer. 

h.  To  buy,  or  sell  or  give  away  any  rags  from  any  per- 
son dead  of,  or  family  infected  with,  any  contagious,  infec- 
tious or  pestilential  disease,  or  dispose  of  the  same  in  any 
other  manner,  except  burning ; or  to  buy  or  sell  or  give  away 
bed  clothing  or  second-hand  clothing  of  any  description  that 
has  been  used  by  any  person  dead  of.  or  family  infected  or 
sick  with  any  contagious,  infectious  or  pestilential  disease, 
without  such  articles  having  been  first  thoroughly  disin- 
fected under  the  direction  of  an  inspector  of  the  Health 
Bureau. 

i.  Provided,  however,  that  Sections  a,  b,  e,  f and  g, 
of  this  Section  shall  not  apply  to  such  person  or  persons 
for  whom  a permit  in  writing  shall  have  been  obtained  from 
the  Health  Officer  to  do  the  acts  therein  forbidden,  and 
such  permit  shall  have  been  filed  in  the  office  of  the  Health 
Bureau  before  so  doing. 

27.Qln  every -case  of  infectious,  contagious  or  pes- 
tilential disease,  the  apartments  in  which  such  case  occurs 
shall,  upon  the  recovery  or  removal  of  the  patient,  be  thor- 
oughly disinfected,  the  floor,  woodwork,  etc.,  of  the  room 
shall  be  washed  and  the  walls  and  ceilings  whitewashed  after 
such  disinfection,  and  every  article  therein  contained  shall 
be  disinfected  under  the  direction  of  an  inspector  of  the 
Health  Bureau.  And  in  every  case  of  contagious,  infec- 
tious or  pestilential  disease,  the  soiled  linen,  etc.,  of  the 
person  or  family  infected  shall  not  be  sent  out,  but  be  washed 
in  the  house,  after  being  properly  disinfected,  and  no  article 


238 


Code  of  Ordinances. 


shall  be  removed  from  the  room  until  after  such  article  has 
been  properly  disinfected. 

§28.  No  - person  shall  be  allowed  to  engage  in  the 
business  of  baking  or  handling  meat  intended  to  be  sold 
for  human  consumption,  who  is  afflicted  with  any  contagious, 
infectious  or  pestilential  disease,  and  no  person  or  persons 
shall  employ,  or  cause  to  be  employed  in  the  business  of 
baking  or  of  handling  meat  intended  to  be  sold  for  human 
consumption  any  person  so  afflicted. 

TITLE  IV. 

DEAD  BODIES.— INTERMENT. 

§ 29.  It  shall  be  unlawful  and  all  persons  are  hereby 
forbidden,  to  inter  the  body  of  any  deceased  person  within 
the  City  of  Yonkers,  or  to  remove  such  body  therefrom, 
until  a physician,  registered  in  the  office  of  the  Health 
Bureau,  shall  have  given  a certificate  setting  forth  the  date 
and  cause  of  death,  or  until  a coroner  shall  have  given  a 
permit  to  make  the  interment;  and  before  such  interment 
or  removal,  said  certificate  or  permit  shall  be  delivered  to 
the  Health  Officer,  who  shall  thereupon  grant  a permit  for 
the  removal  or  interment  required.  Provided,  however,  that 
if  the  Health  Officer  shall  not  be  satisfied  with  a physician’s 
certificate  in  any  particular  case,  he  may  also  require  a 
coroner’s  permit  to  be  first  obtained,  and  within  forty-eight 
hours  after  the  delivery  to  him  of  the  aforesaid  certificate 
or  coroner’s  permit,  he  shall  file  the  same  in  the  office  of  the 
Health  Bureau. 

Provided  also  that  the  Health  Bureau  may  at  its  dis- 
cretion issue  permits  for  interments  within  the  City  of 
Yonkers  of  the  bodies  of  persons  previously  interred  in  any 
cemetery  or  burial  ground  in  said  city  or  elsewhere,  and  also 
permits  for  the  removal  of  the  bodies  of  persons  previously 
interred  in  any  cemetery  or  burial  ground  in  said  city,  and 
provided  also  that  the  burial  or  transit  permits  duly  issued 
by  the  Board  of  Health  of  other  cities  and  burial  permits 
granted  pursuant  to  the  rules  and  regulations  adopted  by 


Code  of  Ordinances. 


239 


the  Board  of  Supervisors  of  Westchester  County  shall  have 
the  same  effect  within  the  City  of  Yonkers  as  permits  granted 
by  the  Health  Officer  of  said  city,  and  provided  also  that 
the  aforesaid  provisions  of  this  section  shall  not  apply  to 
interments  authorized  by  the  Health  Officer  pursuant  to  the 
succeeding  sections. 

§ 30.  The  aforesaid  permit  for  interment  shall  be  de- 
livered to  the  keeper  of  the  cemetery  wherein  the  interment 
is  proposed  to  be  made,  before  he  shall  allow  such  interment ; 
and  it  shall  be  the  duty  of  such  keeper  to  endorse  thereon, 
over  his  signature,  the  date  and  place  of  interment  in  each 
instance  respectively,  and  on  the  first  day  of  each  and  every 
month  to  deliver  to  the  Health  Bureau  a report  in  writing, 
showing  all  the  interments  made  or  allowed  by  him  during 
the  preceding  month,  specifying  in  each  case  the  name  of 
the  deceased,  the  number  of  the  permit,  the  date  and  place 
of  interment,  and  the  name  and  residence  of  the  attending 
undertaker;  and  at  the  same  time  he  shall  'file  with  the 
Health  Bureau  all  of  the  said  permits  which  may  have  been 
received  by  him  during  such  period. 

§ 31.  The  physician  last  in  attendance  during  the  final 
illness  of  any  person  who  shall  have  died  in  the  City  of 
Yonkers,  shall,  within  twenty-four  hours  after  the  death  of 
such  person,  make,  sign  and  deliver  to  the  family  or  nearest 
friend  of  the  deceased,  or  to  the  attending  undertaker,  a 
certificate  specifying  the  full  name  of  the  deceased,  duration 
of  his  attendance,  duration  of  the  disease,  cause  of  death 
and  date  of  death,  giving  year,  month  and  day. 

Such  certificate  shall  be  the  certificate  required  as  speci- 
fied in  Section  29,  Title  IV.,  to  obtain  a permit  for  inter- 
ment from  the  Health  Bureau  whenever  the  death  shall  have 
occurred  within  the  City  of  Yonkers. 

§ 32.  In  every  case  of  interment  of  the  body  of  any 
person  within  the  City  of  Yonkers,  the  attending  undertaker, 
or  person  acting  as  undertaker,  shall  before  interment,  and 
within  a reasonable  time  after  the  death  of  such  person, 
obtain  the  permit  for  interment  granted  in  accordance  with 
Section  29,  Title  IV.,  of  this  Sanitary  Code,  and  deliver  the 
same  to  the  keeper  of  the  cemetery  where  the  interment 


240 


Code  of  Ordinances. 


is  to  be  made.  If  no  person  regularly  doing  business  as  an 
undertaker  shall  be  in  attendance,  the  person  who  shall 
place  the  body  of  the  deceased  in  the  coffin  or  other  recep- 
tacle shall  be  deemed  to  be  the  attending  undertaker  for  the 
purpose  of  this  Sanitary  Code. 

§33.  Except  the  • Health  • Officer  shall -otherwise "re- 
quire or  permit,  no  interment -of  any  dead -human  body 
shall  be  made  by  any  person  in  any  place  in  the  City  of 
Yonkers,  except  in  legally  incorporated  cemeteries,  and 
every  such  body  shall  be  buried  to  a depth  of  at  least  six 
(6)  feet  below  the  surface  of  the  ground  and  no  more  than 
two  bodies  to  be  interred  in  one  grave.  No  vaults  shall  be 
constructed  or  used  for  the  reception  of  such  dead  bodies, 
except  upon  a permit  from  the  Health  Officer.  The  receiving 
vaults  in  each  of  the  existing  cemeteries  in  said  city  now 
constructed  may  continue  to  be  used  for  the  temporary  re- 
ception of  such  dead  bodies  as  heretofore,  subject,  however, 
to  any  regulations  concerning  the  same- which-may.be  made 
by  the  Commissioner  of  Public  Safety.- 

§34.  No  person  shall  inter  the  remains  • of  the  • still- 
born or  dispose  of  the  same  in  any  other  manner  without  a 
permit  therefore  having  been  obtained  from  the  Health 
Officer,  such  permit  to  be  granted  upon  the  presentation. of 
a certificate  of  death  as  required- in  Section- 29,  Title  IV.*.of 
this  Sanitary  Code. 

§ 35.  No  person  having  the  care  or  charge  of- the  dead 
body  of  any  human  being  shall  retain,  or  allow  to  be  re- 
tained unburied,  such  body,  for  a longer  period  than  four  (4) 
days  after  the  death  of  such  person  without  a permit  from 
the  Health  Officer,  which  permit  shall  specify  the  length  of 
time  during  which  such  body  may  be  retained  unburied. 

§ 36.  The  Health  Officer  is  hereby  empowered  and 
authorized,  with  the  agents  and  servants  of  the  Health 
Bureau,  to  enter  into  any  house,  dwelling  or  building  within 
the  City  of  Yonkers,  and  take  and  convey  therefrom  at  any 
time  of  day  or  night,  and  inter  in  such  place  as  they  shall 
deem  proper  the  body  of  any  person  who  shall  have  died 
of -small-pox  or -of  vellow-fever, -or  of  typhus  fever,  or  of 


Code  op  Ordinances. 


241 


Asiatic  cholera  or  other  pestilential  disease;  and  the  Health 
Officer  shall  have  power  in  such  cases  as  he  shall  judge  proper 
to  prescribe,  the  time,  manner  and  place  in  which  the  inter- 
ment of  any  person  who  shall  have  died  of  any  of  the  afore- 
said diseases  may  be  had,  conducted  and  done,  and  also  who 
may  attend  and  be  present  at  the  same;  and  when  he  shall 
so  prescribe  it  shall  be  unlawful  to  conduct  or  make  or  have 
such  funeral  or  interment  in  any  other  manner;  and  no 
person  shall  attend  any  such  interment  except  such  as  shall 
be  permitted  by  the  Health  Officer.  The  having,  or  con- 
ducting, or  attending  in  any  other  manner  than  shall  be  so 
prescribed,  or  by  any  person  not  permitted  as  aforesaid, 
shall  be  deemed  a violation  of  this  Section. 

§ 37.  There  shall  not  be  a public-'or  church  funeral  of 
any  person  who  has  died  of  cholera,  yellow  fever,  small-pox, 
diphtheria,  scarlet  fever,  typhus  fever,  or  epidemic  cerebro- 
spinal fever,  but  the  funeral  in  such  cases  shall  be  private. 
And  it  shall  not  be  lawful  to  invite  or  permit  at  the  funeral 
of  any  person  who  has  died  of  any  of  the  above  diseases,  or 
of  any  contagious,  infectious  or  pestilential  disease,  or  at 
any  service  connected  therewith,  any  person  whose  attend- 
ance is  not  necessary,  or  to  whom  there  is  danger  of  con- 
tagion thereby.  The  dead  body  of  any  person  who  has 
died  of  any  of  the  above  named  diseases  shall  not  be  placed, 
carried  or  permitted  to  be  removed  in  any  wagon,  carriage 
or  vehicle,  except  such  as  is  used  as  a hearse  exclusively, 
unless  under  a written  permit  from  the  Health  Officer;  nor 
shall  any  such  body  be  removed,  except  for  immediate 
burial,  unless  enclosed  in  a hermetically  sealed  casket. 

§ 38.  It  shall  be  unlawful  to  permit  more  than  two 
carriages  at  any  such  funeral.  The  carriage  or  carriages 
used  to  convey  any  person  or  persons  from  any  infected 
house  to  the  cemetery  or  elsewhere  shall  be  upholstered  in 
leather,  including  all  parts  of  the  inside  of  said  carriage, 
except  the  floor  and  other  parts  composed  of  solid  wood. 
The  undertaker  or  other  person  or  persons  furnishing  car- 
riages to  persons  residing  in  or  entering  infected  houses  shall 
immediately  fumigate,  or  cause  to  be  fumigated,  and  then 
washed  with  a disinfecting  solution,  every  such  carriage 


242 


Code  of  Ordinances. 


before  using  it  for  other  purposes,  under  the  direct  super- 
vision of  an  employe  of  the  Health  Bureau;  and  hereafter 
only  such  carriages  shall  be  used  to  convey  persons  suffering 
from  contagious  diseases  to  the  Yonkers  City  Hospital. 
Any  violation  of  this  Section  will  subject  the  offender  to 
one  hundred  ($100.00)  dollars  fine  and  imprisonment. 

§ 39.  No  disinterments  • will  • be  permitted  in  • the  City 
of  Yonkers  between  May  1st  and  November  1st,  except  in 
cases  of  bodies  enclosed  in  metallic,  or  metallic  lined  air- 
tight coffins,  and  no  bodies  disinterred  in  places  outside  said 
city  between  May  1st  and  November  1st  shall  be  transported 
through  the  streets  of  said  city,  unless  and  except  the  same 
be  enclosed  in  hermetically  sealed  air-tight  coffins. 

§ 40.  There  shall  be  a record  kept  in  the  office  of  the 
Health  Bureau  of  all  permits  granted  both  for  interment 
and  removal  of  dead  bodies  of  human  beings,  which  record 
shall  be  numbered  consecutively  from  one  upwards,  specifying 
in  each  case  the  number  and  date  of  permit,  name  of  de- 
ceased and  reported  cause  of  death. 

§ 41.  Every  coroner  holding  any  inquest  within  the 
City  of  Yonkers  upon  a dead  body,  shall,  within  forty-eight 
hours  after  the  holding  of  any  and  every  inquest,  report  in 
writing  to  the  Health  Bureau  the  material  facts  elicited  at 
such  inquest,  and  shall  file  with  said  Bureau  a certificate 
setting  forth  the  name,  age,  sex  and  color  of  such  deceased 
person,  and  date  and  cause  of  death,  as  far  as  the  same  can 
be  ascertained. 

TITLE  V. 

MARRIAGES  AND  BIRTHS. 

§ 42.  Every  clergyman,  magistrate  and  other  person 
who  may  perform  a marriage  ceremony,  shall  report  to  the 
Health  Bureau  within  ten  days  the  full  names  of  the  parties 
married,  the  residence,  age,  color,  birthplace,  names  of 
father  and  mother,  number  of  marriage  of  each,  the  occupa- 
tion of  the  husband,  and  the  name  and  official  position  of  the 
person  solemnizing  the  marriage;  and  every  physician,  mid- 


Code  of  Ordinances. 


243 


wife  and  other  person  who  may  professionally  assist  at  any 
birth,  shall  keep  and  make  a registry  of  such  birth  and 
therein  enter  the  day  and  hour,  the  name  of  the  child,  date 
of  the  birth,  giving  year,  month,  sex,  color,  place  of  birth, 
the  mother’s  maiden  name,  birthplace  and  age,  the  father’s 
name,  age,  occupation  and  birthplace,  the  number  of  the 
mother’s  children,  the  number  of  those  children  then  living 
and  the  name  of  the  medical  attendant  or  person  making 
the  statement,  so  far  as  the  foregoing  facts  can  be  ascertained, 
and  shall  report  the  same  to  the  Health  Bureau  within  ten 
days  of  the  date  of  birth. 

§ 43.  Every  physician,  mid-wife  or  person  in  attend- 
ance upon  the  mother  at  the  time  of  a still-birth,  or  if  no 
such  person  was  in  attendance,  then  a coroner  of  this  county 
or  the  Health  Officer  shall  within  three  (3)  days  thereafter 
furnish  to  the  Health  Bureau  a certificate  of  such  still-birth, 
which  certificate  shall  show  the  precise  place  of  birth,  date, 
sex  of  child,  color,  names  and  birth-place  of  the  parents, 
residence  and  age  of  the  mother,  period  of  utero-gestation, 
cause  of  dead  birth,  and  name  of  physician,  mid-wife  or 
person  attending  at  such  birth. 

TITLE  VI. 

FOOD  AND  DRINK 

§ 44.  No  meat,  fish,  bird,  fowl,  fruit,  vegetable,  or  any- 
thing for  human  food,  not  being  then  healthy,  fresh,  sound 
or  wholesome,  fit,  safe  and  proper  for  human  food,  and  no 
animal  or  fish  that  has  died  by  disease  or  accident,  and  no 
carcass  of  any  calf  of  dressed  weight  of  less  than  seventy  (70) 
pounds,  or  which  at  the  time  of  its  death  was  less  than  four 
weeks  old,  or  pig,  which  at  the  time  of  its  death  was  less  than 
five  weeks  old,  or  lamb  which  at  the  time  of  its  death  was 
less  than  eight  weeks  old,  and  no  meat  therefrom  shall  be 
brought  within  the  limits  of  the  City  of  Yonkers,  or  offered 
or  held  for  sale,  or  used  as  food  anywhere  in  said  city;  and 
it  shall  be  the  duty  of  every  person  knowing  of  the  violation 


244 


Code  of  Ordinances. 


of  any  of  the  said  requirements  to  forthwith  report  the  same 
and  Ihe  particulars  relating  thereto  to  the  Health  Officer. 

§ 45.  No  animal  shall  be  killed  for  human  food  while 
in  a diseased  condition  or  while  overheated  or  feverish;  and 
it  shall  be  the  duty  of  all  present  who  shall  know  of  the 
killing  of  any  such  animal  for  such  purposes  forthwith  to 
report  the  facts  to  the  Health  Officer,  with  the  name  of  the 
persons  so  offending  and  the  time  and  place  when  and  where 
the  offence  was  committed. 

£ 46.  Every  owner,  lessee,  or  occupant  of  any  room, 
stall  or  place  where  meat,  fish,  poultry,  fruit,  vegetables  or 
milk,  designed  or  held  for  human  food,  shall  be  stored  or 
kept,  or  shall  be  held  or  offered  for  sale,  shall  put  and  keep 
such  room,  stall  and  place  and  its  appurtenances  in  a cleanly 
and  wholesome  condition;  and  every  person  having  charge 
or  being  interested  or  engaged,  whether  as  principal  or  agent, 
in  the  care  or  in  respect  to  the  custody  or  sale  of  any  meat, 
fish,  birds,  fowl,  fruit,  vegetables  or  milk,  designed  for  human 
food,  shall  put  and  preserve  the  same  in  a cleanly  condition, 
and  shall  not  allow  the  same,  or  any  part  thereof,  to  be 
poisoned,  infected  or  rendered  unsafe  or  unwholesome  for 
human  food. 

§ 47.  No  person  shall  kill,  dress  or  prepare  any  animal 
for  human  food,  in  any  market  or  place  where  food  is  kept 
for  sale;  or  permit  to  escape  therein  or  within  one  hundred 
feet  thereof  any  poisonous,  noxious,  nauseous  or  offensive 
substance. 

REGULATIONS" RELATIVE  TO  THE  KEEPING  AND 
SELLING  OF  MILK,  CREAM,  ETC. 

§ 48.  No  person,  corporation  or  association  of  persons 
shall  sell  or  expose  for  sale,  milk  or  cream  in  the  City  of 
Yonkers  without  first  making  application  to  the  Health 
Bureau  of  said  city  in  writing  on  blanks  furnished  by  said 
Health  Bureau  nor  thereafter  until  said  application  shall 
have  been  approved  and  a permit  issued  by  said  Healtli 
Bureau  for  such  sale  or  exposure  for  sale.  Milk  supplies, 


Code  of  Ordinances. 


245 


found  to  contain  over  500,000  bacteria  per  cubic  centimeter 
on  two  or  more  different  days,  shall  not  be  used  or  offered 
for  sale,  nor  handled  in  the  City  of  Yonkers  until  satisfactory 
evidence  is  shown  that  the  milk  may  be  reasonably  expected 
to  contain  less  than  this  number  of  bacteria.  A violation 
of  this  Section  shall  be  punished  by  a fine  of  not  less  than 
fifty  ($50.00)  dollars  nor  more  than  one  hundred  and  fifty 
($150.00)  dolllars. 

§ 49.  No  milk,  cream,  buttermilk  or  skimmed  milk, 
which  has  been  watered,  adulterated,  reduced  or  changed  in 
any  respect  by  the  addition  of  water  or  other  substance,  or 
milk  known  as  swill  milk,  or  milk  from  cows  or  other  animals 
that  feed  on  swill,  beet  sugar  refuse,  garbage,  or  other 
similar  substances  and  no  cream,  butter  or  cheese  made  from 
any  such  milk  or  any  unwholesome  butter  or  cheese  shall 
be  brought  into,  held,  kept  or  offered  for  sale  at  any  place 
in  the  City  of  Yonkers;  and  no  person  shall  keep,  have  or 
offer  for  sale  in  the  said  city,  any  such  cream,  milk,  butter 
or  cheese. 

§ 50.  No  person  or  persons,  corporation  or  corpora- 
tions shall  sell,  or  offer  for  sale,  or  expose  for  sale  within 
the  limits  of  the  City  of  Yonkers,  nor  have  in  possession 
with  intent  to  sell,  exchange  or  deliver  any  milk  or  cream 
taken  from  diseased  or  sick  cows. 

§ 51.  No  person  or  persons,  corporation  or  corpora- 
tions shall  sell,  exchange  or  deliver,  or  offer  or  expose  for 
sale  or  exchange,  or  have  in  his,  their  or  its  possession  for 
the  purpose  of  sale  or  exchange  any  milk  from  which  the 
cream,  or  any  part  of  such  cream  has  been  removed,  unless 
in  a conspicuous  place,  about  the  center  and  on  the  outside 
of  every  vessel,  can  or  package  from  which  or  in  which 
such  milk  is  sold  or  kept,  the  words  “ skimmed  milk  ” are 
distinctly  marked  in  visible  Gothic  letters,  such  letters  to 
be  not  less  than  two  inches  in  height,  and  in  case  of  cans, 
such  letters  are  to  be  securely  soldered  thereto;  if  such  sale 
is  made  from  wagons,  such  wagons  shall  be  marked  “skimmed 
milk  ” in  plain  Gothic  letters  not  less  than  three  inches  in 
height  on  both  sides  of  said  wagon.  If  such  sale  is  made 
from  store,  there  shall  be  exposed  in  plain  sight  of  anyone 


246 


Code  of  Ordinances. 


entering,  a sign,  “ skimmed  milk,”  and  vessels  marked  as 
hereinbefore  stated,  also  there  shall  be  affixed  to  the  vessels 
of  the  customer,  a sticker  1 inch  by  2 inches,  marked 
“ skimmed  milk.” 

§ 52.  No  person  or  persons,  corporation  or  corpora- 
tions shall  sell,  or  offer'  or  expose  for  sale  within  the  limits 
of  the  City  of  Yonkers,  milk  from  any  wagon  or  vehicle, 
unless  such  wagon  or  vehicle  shall  have  exposed  on  both 
sides  of  such  wagon  or  vehicle  the  license  number  of  the 
person,  persons  or  corporation  selling  or  offering  for  sale 
such  milk;  such  license  number  shall  be  painted  on  such 
wagon  or  vehicle  in  numbers  not  less  than  two  inches  in 
height,  in  what  is  known  as  Gothic  characters,  and  the 
words  “ Health  Bureau  Permit  No. — ” in  letters  at  least  two 
inches  in  height  shall  be  placed  on  such  wagon  or  vehicle 
under  the  direction  of  the  Health  Bureau  or  its  milk  inspector ; 
and  in  case  milk  is  sold  from  cans  or  vessels  where  no  wagon 
or  other  vehicle  is  used,  then  the  license  number  of  the 
person,  persons  or  corporation  selling  or  offering  for  sale 
such  milk,  shall  be  placed  in  a conspicuous  place  on  such  can 
or  vessel,  in  such  a manner  as  to  style  of  number  and  method 
of  fastening  the  same  on  such  can  or  vessel  as  to  meet  the 
approval  of  the  Health  Board  or  its  milk  inspector;  or  if 
such  milk  is  sold  or  exposed  for  sale  within  a store  or  house, 
then  such  license  number  shall  be  exposed  in  some  conspicu- 
ous place  in  said  store  or  house. 

§ 53.  Every  person,  persons,  corporation  or  association 
of  persons  who  shall  sell  or  expose  for  sale  milk  or  cream, 
such  place  of  sale  being  a store  or  depot,  shall  have  provided 
an  ice  box  or  tub  with  tight  fitting  cover  into  which  the 
vessel  containing  said  milk  or  cream  shall  be  placed  at  once 
when  received  at  said  store  or  depot,  and  at  no  time  shall 
said  milk  or  cream  be  permitted  to  reach  a temperature 
exceeding  50  degrees  Fahrenheit.  Said  ice  box,  if  stationary, 
shall  have  outlet  and  in  no  case  shall  water  be  allowed  to 
stand  therein,  but  be  discharged  as  fast  as  ice  shall  melt. 
When  movable  tub  is  used,  water  shall  be  discharged  there- 
from at  close  of  business  each  day  and  said  ice  box  or  tub 
shall  be  used  for  no  other  purpose  than  that  of  keeping  milk 


Code  of  Ordinances. 


247 


or  cream,  and  closed  at  all  times,  excepting  when  milk  or 
cream  is  being  sold,  and  top  and  inside  of  said  ice  box  or 
tub  shall  be  kept  scrupulously  clean  at  all  times. 

§ 54.  All  licenses  for  the  sale  of  milk  or  cream  will  be 
furnished  gratuitously  by  the  Health  Bureau  but  will  be 
granted  subject  to  such  conditions  as  may  seem  best  to  the 
Commissioner  of  Public  Safety  for  the  preservation  of  health 
within  the  limits  of  said  city,  and  shall  be  subject  at  all 
times  to  revocation  by  said  Commissioner  in  his  discretion. 
On  or  before  July  1 each  year,  after  a license  is  issued  the 
person  or  persons,  corporation  or  corporations  to  whom  the 
same  is  issued,  shall  register  with  the  milk  inspector  of  the 
Health  Bureau,  his  or  their  name  and  license  number,  and 
shall  make  a statement  to  said  inspector  covering  the  sub- 
jects hereinbefore  required  to  be  made  by  applicants  for 
licenses.  Such  statements  to  be  registered  in  a register  to 
be  supplied  by  the  Health  Bureau  and  kept  for  that  purpose. 

§ 55.  Inspections  of  milk  in  all  dairies,  and  of  all  milk 
venders,  shall  be  made  under  the  direction  of  the  Health 
Bureau  by  the  milk  inspector,  and  any  person  or  persons, 
corporation  or  corporations  having  for  sale  or  exchange  or 
offering  or  exposing  for  sale  or  exchange  any  milk  or  cream 
shall  at  all  times  permit  the  said  inspector  to  inspect  or  test 
the  same. 


INSPECTION  OF  MILK. 

§ 56.  Any  person  or  persons,  corporation  or  corpora- 
tions, selling  or  having  in  possession  for  sale,  delivery  or  ex- 
change either  on  their  own  account  or  for  any  other  person 
or  corporation,  milk  or  cream,  shall  at  all  times  on  demand, 
furnish  to  the  milk  inspectors  of  the  Health  Bureau,  or 
permit  such  inspectors  to  take  from  them  such  samples  as 
said  inspectors  may  require  and  such  sample  shall  be  given 
or  permitted  to  be  taken,  at  such  time  and  places  as  may 
be  demanded  by  said  inspector. 

§ 57.  Every  sample  of  milk  or  cream  delivered  to  or 
taken  by  any  of  the  milk  inspectors  of  the  Health  Bureau 
shall  have  a label  attached  to  the  vessel  containing  such 


248 


Code  of  Ordinances. 


sample,  which  shall  have  written  thereon,  at  the  time  of 
the  delivery  of  such  sample,  the  number  of  the  dealer’s 
license,  the  number  of  the  sample,  the  date  of  collection  and 
the  name  of  the  inspector ; and  a memorandum  shall  be  made 
by  the  inspector  collecting  such  sample  in  a book  kept  for 
that  purpose,  of  the  number  of  such  sample  and  the  name  of  the 
owner  and  driver  from  whom  the  same  was  collected,  and  a 
duplicate  of  such  sample,  sealed  in  a bottle  or  vessel,  shall 
be  delivered  to  the  person  from  whom  such  sample  is  taken. 

§ 58.  Each  sample  shall  be  analyzed  separately  by  the 
chemist  or  milk  inspector  who  shall  register  the  percentage 
of  total  solids,  butter  fats  and  watery  fluids,  in  a book  kept 
for  that  purpose. 

§ 59.  In  all  proceedings  under  this  Code  for  the  keeping 
or  sale  or  offering  or  exposing  for  sale  or  delivering  of  un- 
clean, impure,  unhealthful,  adulterated  or  unwholesome 
milk,  the  test  shall  be  as  follows:  If  the  milk  be  shown  to 
contain  more  than  88  per  cent,  of  water  fluids  or  less  than 
12  per  cent,  of  milk  solid  or  shall  contain  less  than  3 per  cent, 
of  butter  fat,  it  shall  be  declared  to  be  adulterated,  and  the 
milk  drawn  from  cows  within  fifteen  days  before  or  five 
days  after  parturition,  or  from  animals  fed  on  distillery 
waste,  or  any  substance  in  the  state  of  putrefaction  or  fer- 
mentation, or  upon  any  • unhealthful  food  whatsoever,  shall 
be  declared  • unhealthful,  impure  - and  , unwholesome  milk. 

§ 60.  ' No  dealer. shall  be  allowed  to  refill  a bottle  with 
milk  for  delivery  to  any  person  or  persons  in  the  City  of 
Yonkers  without  having  first  washed  the  same  with  boiling 
water  in  a manner  satisfactory -to  the  Health  Bureau  or  its 
milk  inspector. 

§ 61.  No  dealer  shall  be  allowed  to  furnish  any  recep- 
tacle for  the  delivery  of  milk  into  any  family  or  apartment 
in  the  City  of  Yonkers  where  there  is  a contagious  disease 
during  the  time  of  quarantine. 

§ 62.  a.  When  milk  or  cream  is  brought  from  locali- 
ties outside  of  the  City  of  Yonkers,  each  year  at  time  of 
registration,  a detailed  statement  concerning  the  condition 
of  each  stable  and  the  cows  producing  said  milk  shall  be 


Code  of  Ordinances. 


249 


filed  with  the  Health  Bureau  on  blanks  furnished  by  said 
Health  Bureau  by  the  person  or  persons  selling  or  exposing 
for  sale  said  milk  or  cream  within  the  City  of  Yonkers. 

b.  No  herd  shall  be  considered  as  having  had  the 
tuberculin  test  applied  unless  chart  showing  the  test  of  each 
animal  thereof  in  detail  shall  have  been  filed  with  the  Health 
Bureau,  verified  by  a registered  veterinarian,  the  same  to 
be  valid  for  a period  of  not  more  than  one  year  from  date 
of  test;  a supplementary  report  to  be  made  for  test  of  each 
addition  to  herd. 

Blank  referred  to  in  above  section: 

REPORT  OF  CONDITION  OF  STABLE  AND  COWS  AT 

Dairy  of 

Town 

County 

State 

Shipping  Station 

Railroad.. 

Marks  on  Cans 

Time  Shipped 

Cows,  number  of. 

Cows,  condition  of 

Water  Supply 

Stables,  size  of.... 

Feed 

Milk,  how  cooled 

Milk,  where  kept— 

Has  tuberculin  test  been  applied  to  herd  ? 

If  so,  When? 

§ 63.  All  persons  engaged  in  the  bottling  of  milk  in 
the  City  of  Yonkers  shall  provide  a suitable  room,  having 
floor  of  cement  connected  with  a public  sewer  or  properly 
constructed  cesspool,  also  furnished  with  hot  and  cold  water, 
and  in  no  case  shall  bottles  be  filled  by  means  of  syphons 
of  rubber  hose,  but  either  with  a bottling  machine,  or  tank 
provided  with  a faucet  which  can  be  easily  taken  apart  and 
cleaned,  j 


250 


Code  of  Ordinances. 


§ 64.  The  use  of  milk  tickets  is  prohibited,  excepting 
slip  tickets,  the  same  to  be  used  only  once. 

§ 65.  All  persons,  corporations  or  associations  of  per- 
sons engaged  in  the  selling  of  milk  or  cream  at  wholesale 
shall  at  time  of  registration  each  year,  file  with  the  Health 
Bureau  a complete  list  of  retailers"  together  with  street  and 
numbers  of  places  of  business  and  thereafter  when  a new 
customer  is  secured  notice  shall  be  given  in  writing  to  said 
Health  Bureau  within  twenty-four  hours  after  the  first 
delivery  of  milk. 

§ 66.  No  person,  corporation  or  association  of  persons 
shall  leave  or  permit  to  be  left  any  milk  bottles  or  case  con- 
taining milk  bottles  on  any  public  highway  in  the  City  of 
Yonkers. 

§ 67.  Between  May  1st  and  November  1st  of  each  year 
it  shall  be  unlawful  to  sell,  or  offer  for  sale  or  consumption, 
in  the  City  of  Yonkers,  milk  from  cows  fed  upon  brewery 
grains,  except  kiln  dried,  which  have  been  kept  for  a longer 
period  than  forty-eight  (48)  hours  after  ejection  from  the 
vats  of  the  brewery  where  the  same  were  produced. 

Between  each  November  1st  and  the  following  May  1st 
it  shall  be  unlawful  to  sell  or  offer  for  sale  or  consumption,, 
in  said  city,  milk  from  cows  fed  upon  brewery  grains,  except 
kiln  dried,  which  have  been  kept  for  a longer  period  than 
ninety-six  (96)  hours  after  ejection  from  the  vats  of  the 
brewery  where  the  same  were  produced. 

§ 68.  No  person  or  persons  shall  sell,  offer  or  expose 
for  sale  milk  or  cream,  in  the  City  of  Yonkers,  in  any  store 
or  room  used  for  domestic  or  sleeping  purposes,  or  opening 
directly  into  any  room  used  as  a sleeping  room. 

§ 69.  No  person  or  persons  shall  sell,  offer  or  expose 
for  sale  milk  or  cream,  in  the  City  of  Yonkers,  in  any  butcher 
market  or  store  where  fresh  meats  are  sold,  offered  or  ex- 
posed for  sale. 

ADULTERATED.  FOOD. 

§ 70.  No  adulterated  or  deleterious  coffee,  tea,  butter, 
sugar,  flour  or  other  substances  used  for  human  food  or 


Code  of  Ordinances. 


251 


drink  shall  knowingly  be  brought,  sold,  held  or  offered  for 
sale  in  the  City  of  Yonkers ; and  no  substance  used  for  human 
food  or  drink  shall  knowingly  be  brought,  sold,  held  or 
offered  for  sale,  labelled  or  represented  in  said  city  under  a 
false  name  or  quality,  or  as  being  what  the  same  is  not,  as 
respects  wholesomeness,  soundness  or  safety  for  food  or 
drink. 

§ 71.  No  person  shall  throw  or  allow  to  run  or  pass 
into  any  public  reservoir,  water  pipe  or  aqueduct,  or  into 
or  upon  any  border  or  margin  thereof,  or  excavation  of 
stream  therewith  connected  or  into  any  spring  or  well  in 
the  City  of  Yonkers  used  for  drinking  purposes  any  animal, 
vegetable  or  mineral  substances  whatever;  nor  shall  any 
person  allow  the  same  to  be  done  (having  power  or  right 
to  prevent  the  same)  nor  shall  any  person  do  or  permit  to 
be  done  (having  right  or  power  to  prevent  the  same)  any 
act  or  thing  that  will  impair  or  imperil  the  purity  or  whole- 
someness of  any  water  or  other  fluid  used  or  designed  as  a 
drink  in  any  part  of  said  city;  nor  shall  any  person  bathe 
any  part  of  his  person  in  any  stream,  reservoir  or  spring  in 
said  city  containing  water  used  for  drinking  or  culinary 
purposes. 

§ 72.  Whenever,  upon  examination,  it  shall  appear 
that  water  from  a well  or  spring  is  contaminated  with  sub- 
stances which  are  injurious  to  health,  or  which  may  become 
injurious  to  health,  the  use  of  such  water  shall  be  discon- 
tinued, and  the  well  or  spring  shall  be  filled  in,  unless  a 
permit  be  obtained  from  the  Health  Officer  for  such  use  of 
the  water  as  will  not  endanger  the  public  health. 

§ 73.  No  person  or  persons,  firm  or  corporation  shall 
sell  or  use  or  cause  to  be  sold  or  used  or  in  any  manner  pro- 
vide ice  for  drinking  or  eating  purposes,  which  has  been  ob- 
tained from  any  polluted  or  unclean  pond,  creek,  river,  lake 
or  stream. 


252 


Code  of  Ordinances 


TITLE  VII. 

PRIVIES,  VAULTS,  CESSPOOLS,  DRAINS,  SEWERS, 

ETC. 

§ 74.  It  shall  be  the  duty  of  the  owner  of  every  build- 
ing now  or  hereafter  erected  upon  any  land  adjacent  or 
accessible  to  a public  sewer,  to  cause  said  building  to  be 
properly  connected  with  such  sewer,  and  no  house  hereafter 
erected  shall  be  inhabited,  occupied  or  used  by  any  person 
before  the  same  shall  be  connected  with  a public  sewer,  if 
practicable. 

§ 75.  Wherever  it  is  practicable  to  connect  any  prem- 
ises in  the  city  with  a public  sewer,  it  shall  not  be  lawful 
for  any  person  to  construct  any  vault,  privy,  water  closet, 
sink,  drain,  school  sink,  or  cesspool  thereon,  for  receiving 
or  discharging  any  excrement,  sewage  or  slops,  and  the 
owner  of  such  premises  shall  not  suffer  or  permit  any  privy, 
vault,  school  sink  or  cesspool  to  remain  thereon  after  notice 
from  the  Health  Officer  to  discontinue  the  use  thereof,  but 
shall  empty  and  fill  in  the  same  in  the  manner  prescribed 
by  the  Health  Officer. 

§ 76.  No  privy,  vault  or  cesspool  shall  be  allowed  to 
remain  on  any  premises  or  shall  be  built  in  the  City  of 
Yonkers  unless  when  unavoidable  and  in  accordance  with 
the  terms  of  a permit  issued  by  the  Health  Bureau.  The 
sides  and  bottom  of  every  privy,  vault,  cesspool  or  school 
sink  in  the  City  of  Yonkers  must  be  impermeable,  and 
secure  against  any  saturation  of  the  walls  or  ground  above 
the  same. 

§ 77.  Where  no  public  sewer  is  accessible  in  outlying 
districts,  and  where  water  tight  cesspools  are  not  considered 
by  the  Health  Officer  to  be  an  immediate  necessity,  the 
system  of  drainage  of  residences  containing  one  or  more 
acres  of  ground,  shall  consist  of  two  cesspools  and  a drain 
to  be  constructed  in  the  following  manner : The  first  cesspool 
to  bejdivided  by  a partition  and  to  connect  to  second  by  a 
tight  pipe ; the  second  cesspool  to  • be  sufficiently  largejfto 


Code  of  Ordinances. 


253 


contain  all  overflow  from  the  first  for  two  days,  and  to 
syphon  into  system  of  blind  drain  sufficiently  large  to  ab- 
sorb sewage;  the  drain  to  be  at  least  one  foot  below  the 
surface  of  the  ground.  Every  part  of  the  whole  system  to 
be  at  least  seventy-five  (75)  feet  from  any  brook  or  stream, 
and  from  land  belonging  to  other  parties. 

§ 78.  No  connection  by  overflow  or  otherwise  shall 
be  made,  constructed  or  continued  with  or  from  any  re- 
frigerator, tank  or  cistern  to  or  with  any  cesspool,  privy, 
vault,  water  closet,  sewer  or  house  drain,  except  only  such 
as  shall  first  discharge  freely  into  the  open  atmosphere. 

§79.  No  person  shall  draw  off,  or  allow  to  run  off 
into  or  upon  any  ground,  street  or  place  in  the  City  of  Yon- 
kers the  contents,  or  any  part  thereof,  of  any  vault,  privy, 
cistern,  cesspool  or  sink;  nor  shall  any  owner,  tenant  or 
occupant  of  any  building  to  which  any  vault,  sink,  privy, 
or  cesspool  shall  appertain  or  be  attached,  permit  the  con- 
tents, or  any  part  thereof,  to  flow  therefrom,  or  to  rise 
within  two  (2)  feet  of  any  part  of  the  surface  of  the  ad- 
joining ground,  or  permit  said  contents  to  become  offensive. 

§ 80.  Every  person  who  shall  be  the  owner,  lessee, 
keeper  or  manager  of  any  tenement  house,  boarding  house, 
lodging  house,  hotel  or  manufactory,  shall  provide  or  cause 
to  be  provided,  for  the  accommodation  thereof  and  for  the 
use  of  the  tenants,  lodgers,  boarders  and  employees  thereat, 
adequate  privies  or  water  closets,  and  the  same  shall  be  so 
well  ventilated,  and  shall  at  all  times  be  kept  in  such  a 
cleanly  and  wholesome  condition  as  not  to  be  offensive,  or 
be  dangerous  or  detrimental  to  life  or  health.  And  no 
offensive  smell  or  gases  from  or  through  any  outlet  or  sewer, 
or  through  any  such  privy  or  water  closet  shall  be  allowed 
by  any  person  aforesaid  to  pass  into  such  house  or  any  part 
thereof,  or  into  any  other  house  or  building. 

a.  Every  tenement,  boarding  or  lodging  house  shall  be 
provided  with  the  best  or  most  approved  water  closet,  and 
in  no  case  shall  there  be  less  than  one  water  closet  for  every 
fifteen  occupants  in  a boarding  or  lodging  house,  and  not 
less  than  one  for  every  two  families  for  dwelling  houses. 


254 


Code  of  Ordinances. 


b.  Every  tenement  and  boarding  house  shall  have 
city  or  other  water  furnished  in  sufficient  quantity  at  one 
or  more  places  on  each  floor  occupied  or  intended  to  be 
occupied  by  one  or  more  families. 

§ 81.  No  person  shall  throw  into  or  deposit  in  any 
vault,  sink,  privy  or  cesspool,  any  offal,  ashes,  meat,  fish, 
garbage  or  other  substances,  except  that  of  which  any  such 
place  is  the  appropriate  receptacle. 

TITLE  VIII. 

STABLES,  OFFENSIVE  ODORS,  GASES,  ETC. 

§ 82.  No  animal  or  vegetable  substance  and  no  muck> 
silt  or  dirt  gathered  in  cleaning  yards,  buildings,  docks  or 
slips,  or  waste  of  mills  or  factories,  or  any  materials  which 
are  offensive,  or  tend,  by  decay,  to  become  putrid  or  to 
render  the  atmosphere  impure  or  unwholesome  shall  be  de- 
posited or  used  to  fill  up  or  raise  the  surface  or  level  of  any 
lot,  grounds,  docks,  wharf  or  pier,  within  the  limits  of  the 
City  of  Yonkers,  unless  pursuant  to  a special  permit  from 
the  Health  Officer;  and  no  ground  or  material  filled  with 
offensive  material  or  substance  or  that  will  emit  or  allow 
to  arise  through  or  from  the  same  any  offensive  odor  or 
deleterious  exhalation  shall  be  opened  or  turned  up,  or  the 
surface  thereof  removed,  between  the  first  day  of  May  and 
the  first  day  of  October  in  any  year,  except  pursuant  to  a 
permit  therefor  first  obtained  from  the  Health  Officer. 

§ 83.  No  person  shall  hereafter  occupy  or  use  any 
building  in  the  City  of  Yonkers  for  a stable,  unless  first 
authorized  thereto  by  the  Health  Officer.  The  conditions 
upon  which  such  permits  are  issued  are: 

1.  The  stable  must  be  erected  and  completed  in  all  its 
appointments. 

2.  The  manure  must  be  stored  in  tight  receptacles  and 
removed  at  frequent  intervals. 

3.  The  ventilation,  lighting  and  drainage  of  the  stable 
must  be  satisfactory  to  the  Health  Bureau. 


Code  of  Ordinances. 


255 


4.  The  erection  of  the  stable  must  be  begun  within 
ninety  (90)  days  after  the  date  of  application  for  a permit, 
and  prosecuted  to  completion. 

5.  The  position  of  the  stable  must  be  in  accordance 
with  a plan  on  file  in  the  office  of  the  Health  Bureau. 

§ 84.  All  manure  when  allowed  to  accumulate  for 
more  than  twenty-four  (24)  hours,  shall  be  kept  in  properly 
constructed  manure  pits.  All  manure  pits  shall  be  water 
tight  and  provided  with  proper  covers,  and  shall  be  properly 
ventilated.  All  liquid  discharges  and  water  from  stables 
shall  be  conducted  by  properly  constructed  drains  to  the 
public  sewers,  except  in  cases  where  special  permit  is  ob- 
tained from  the  Health  Officer. 

§ 85.  Every  proprietor,  lessee,  tenant  and  occupant  of 
any  oyster  house,  oyster  saloon  or  other  premises  where  any 
oysters,  clams,  lobsters  or  fish  are  consumed,  used  or  sold, 
or  where  any  of  the  shells  or  refuse  matter  thereof  shall 
accumulate,  shall  daily  cause  all  such  shells,  offal  and  refuse 
matter  to  be  removed  therefrom  to  some  proper  place,  and 
shall  keep  his  house,  saloon  and  premises  at  all  times  free 
from  any  offensive  odors  or  accumulations. 

§ 86.  No  deposit  or  accumulation  of  bones,  decayed 
fish,  meat  or  vegetables,  clam  or  oyster  shells  or  any  of- 
fensive or  unwholesome  substance  shall  be  made  or  per- 
mitted in  any  part  of  any  tenement,  dwelling  house  or  shop 
in  the  City  of  Yonkers. 

§ 87.  No  person  shall  permit  or  have  any  offensive 
substance,  water  or  other  liquid,  whether  refuse  or  for  use 
in  any  trade  or  otherwise,  on  his  premises  to  the  prejudice 
of  life  b or  health ; or  throw,  deposit  or  allow  to  run  or  be 
thrown  or  deposited  into  or  upon  any  street  or  public  place, 
lake,  pond,  stream  or  river  in  said  city,  any  offensive  or 
deleterious  liquid,  gas  or  solid,  or  any  offensive  matter 
whatsoever;  or  foul  or  render  impure  any  natural  stream 
of  water  in  any  manner  which  may  be  prejudicial  to  health; 
and  any  refiner  or  manufacturer  of  any  produce  whatsoever 
shall  use  the  most  approved  and  all  reasonable  and  proper 


256 


Code  of  Ordinances. 


means  to  prevent  the  escape  of  smoke,  gases  and  odors 
from  his  premises. 

§ 88.  No  person  or  company  shall  erect  or  maintain 
within  the  limits  of  the  City  of  Yonkers  any  manufactory 
or  place  of  business  dangerous  to  life  or  detrimental  to 
health,  or  where  unwholesome,  offensive  or  deleterious  odors , 
gas,  smoke,  deposit  or  exhalations  are  generated  without  a 
permit  from  the  Health  Officer  and  subject  to  sanitary  regu- 
lations of  the  Health  Bureau;  and  every  such  establishment 
now  or  hereafter  established  shall  be  kept  clean  and  whole- 
some in  every  particular,  so  as  not  to  be  offensive  or  preju- 
dicial to  life  or  health. 

§ 89.  The  owners,  lessees,  tenants,  occupants  and 
managers  of  every  building,  vessel  or  place  in  or  upon  which 
a locomotive  or  stationary  engine,  furnace  or  boilers  are 
used,  shall  cause  all  ashes,  cinders,  rubbish,  dirt  and  refuse 
to  be  removed  to  some  proper  place,  so  that  the  same  shall 
not  accumulate;  nor  shall  any  person  cause,  suffer  or  allow 
smoke,  cinders,  dust,  gas,  steam  or  offensive  or  noisome  odors 
to  escape  or  be  discharged  from  any  such  building,  vessel 
or  place  to  the  detriment  or  annoyance  of  any  person  or 
persons  not  being  therein  or  thereupon  engaged. 

TITLE  IX. 

FILTH,  GARBAGE,  DIRT,  ETC. 

§ 90.  No  offal,  garbage,  refuse,  rubbish,  dead  animals, 
putrid  animal  or  vegetable  matter,  swill,  brine,  manure, 
urine,  excrement,  and  no  part  of  the  contents  of  any  sink, 
privy,  vault  or  cesspool,  and  no  filthy  or  offensive  matter 
of  any  kind  shall  be  thrown  or  allowed  to  run,  drop,  go  or 
remain  in  or  upon  any  street,  public  place,  dock  or  pier  in 
the  City  of  Yonkers. 

§ 91.  No  owner,  tenant  or  occupant  of  any  building 
or  premises  in  the  City  of  Yonkers  shall  employ,  cause  or 
permit  any  person,  except  a licensed  scavenger  or  person 
authorized  by  the  Health  Bureau,  to  remove  any  part  of 


Code  of  Ordinances. 


257 


the  contents  of  any  vault,  privy,  sink  or  cesspool  (being 
thereon  and  of  which  he  has  control),  unless  according  to  a 
permit  from  the  said  Health  Bureau;  and  no  person  shall 
empty  or  attempt  to  empty  any  vault,  privy,  sink  or  cesspool 
in  said  city  without  a permit  from  the  Health  Bureau,  and 
no  owner,  tenant,  agent  or  occupant  of  any  building  or 
premises  in  said  city  shall  bury,  or  cause  or  allow  to  be  buried 
the  contents  of  any  privy,  vault  or  cesspool  in  the  City  of 
Yonkers,  without  a permit  in  writing  from  the  Health  Officer. 

§ 92.  It  shall  be  the  duty  of  every  owner,  tenant, 
lessee  and  occupant  of  every  building  in  the  built-up  portion 
of  the  City  of  Yonkers  forthwith  to  provide  and  at  all  times 
thereafter  to  keep  clean  and  cause  to  be  provided  and  kept, 
suitable  and  sufficient  boxes,  barrels,  cans,  vessels  or  tubs 
with  air  tight  covers  for  receiving  and  holding,  without 
leakage,  and  without  being  filled  within  four  inches  of  the 
top  thereof  all  the  ashes,  rubbish,  garbage  and  liquid  sub- 
stances of  whatever  kind  that  may  accumulate  during  the 
period  of  three  days,  from  said  building,  or  the  portion 
thereof  of  which  such  person  may  be  the  owner,  tenant, 
lessee  or  occupant;  a separate  vessel  shall  be  provided  for 
ashes  and  rubbish,  and  another  for  garbage  and  liquid  sub- 
stances; ashes  or  rubbish  shall  not  be  placed  or  kept  in  the 
same  vessel  with  garbage  and  liquid  substances.  All  ashes, 
rubbish,  garbage  and  liquid  substances  that  should  be  re- 
moved from  said  building  shall  be  placed  in  the  proper  re- 
ceptacles, and  no  such  box,  barrel,  can,  vessel  or  tub  shall 
remain  on  any  sidewalk  or  in  any  public  place  longer  than 
may  be  needed  for  the  removal  of  the  contents  thereof. 
All  such  cans,  vessels,  barrels,  tubs,  boxes,  etc.,  must  be 
kept  tightly  covered  at  all  times. 

§ 93.  Every  receptacle  for  garbage  or  ashes  shall  be 
placed  and  kept  in  such  a position  (unless  kept  within  or 
upon  private  grounds)  as  the  Health  Bureau  or  the  Common 
Council  shall  provide,  or  the  Health  Officer  or  the  police 
direct;  and  no  person  not  for  that  purpose  authorized  shall 
interfere  therewith,  or  with  the  contents  thereof. 

§ 94.  No  part  of  the  contents  of  every  privy,  vault, 
sink  or  cesspool,  and  no  offal,  swill,  garbage,  offensive  fluid. 


258 


Code  of  Ordinances. 


liquid  or  semi-liquid  substance  or  material  within  the  limits 
of  the  City  of  Yonkers  shall  be  removed,  nor  shall  the  same 
be  transported  through  any  of  the  streets  or  avenues  of  said 
city,  unless  and  except  the  same  shall  be  removed  and 
transported  by  means  of  an  air-tight  apparatus  or  in  such 
manner  as  shall  prevent  entirely  the  escape  of  any  noxious 
or  offensive  odors  therefrom  and  with  a permit  from  the 
Health  Bureau. 

§ 95.  No  person  shall  engage  in  the  business  of  a scav- 
enger, or  of  transporting  swill,  offal,  garbage  or  any  other 
offensive  or  noxious  substance,  or  in  driving  any  cart  or 
vehicle  for  that  purpose  in  the  City  of  Yonkers  (except  the 
persons  acting  under  the  direction  of  the  Common  Council, 
the  Commissioner  of  Public  Safety  or  the  Commissioner  of 
Public  Works)  until  he  shall  have  first  received  a permit 
from  the  Health  Officer  in  each  instance. 

§ 96.  Every  scavenger  or  other  person  receiving  a per- 
mit to  empty,  clean  or  disinfect  any  privy,  vault,  sink  or 
cesspool,  shall  complete  such  work  within  forty-eight  (48) 
hours  after  receiving  such  permit,  and  shall  immediately 
report  the  same  to  the  Health  Bureau,  which  shall  ascertain 
whether  such  work  has  been  properly  performed.  No 
scavenger  shall  be  entitled  to  receive  compensation  for  such 
services,  until  his  verified  account  therefor  shall  have  been 
approved  and  certified  by  the  Health  Officer. 

§ 97.  No  person  having  charge  of  any  cart  or  other 
vehicle  for  carrying  any  offal,  swill,  garbage,  rubbish  or  the 
contents  of  any  privy,  vault,  sink  or  cesspool,  having  on  it 
or  in  it  any  of  said  substances  or  anything  nauseous  or  of- 
fensive shall  unnecessarily  permit  the  same  to  stand  or 
remain,  nor  shall  a needless  number  of  persons  gather  before 
or  near  any  building,  place  of  business  or  other  premises  in 
or  upon  which  such  articles  are  being  used;  nor  shall  the 
person  or  persons  in  charge  or  control  of  said  cart  or  vehicle 
permit  an  unreasonable  length  of  lime  to  be  occupied  in 
loading  or  unloading  the  same,  or  in  passing  along  any  street 
or  through  any  inhabited  place  or  ground ; nor  shall  any  such 
cart  or  vehicle,  or  the  driver  thereof  or  anything  thereto 


Code  of  Ordinances. 


259 


appertaining  be,  or  by  any  person  having  a right  to  control 
the  same,  allowed  to  be  in  a condition  needlessly  filthy  or 
offensive. 

§ 98.  All  carts  or  vehicles  in  the  last  section  men- 
tioned, and  boxes,  tubs  and  receptacles  thereon  in  which 
any  substances  referred  to  in  said  section  may  be  or  be 
carried,  shall  be  strong  and  tight,  and  the  sides  shall  be  so 
high  above  the  load  or  contents  that  no  part  of  such  con- 
tents or  load  shall  fall,  leak  or  spill  therefrom;  and  when,  in 
the  opinion  of  the  Board  of  Health,  it  is  necessary  to  prevent 
the  contents  of  such  carts  or  vehicles,  tubs,  boxes  or  recep- 
tacles from  being  offensive,  each  of  such  carts  or  vehicles, 
tubs,  boxes  and  receptacles  shall  be  adequately  and  tightly 
covered  as  the  orders  or  regulations  of  the  Health  Bureau 
may  provide  or  direct. 

§ 99.  No  driver  of  any  such  cart  or  vehicle,  or  any 
person  having  undertaken  or  being  engaged  about  the  load- 
ing or  unloading  thereof,  or  person  having  undertaken  to 
empty  or  remove  any  manure,  garbage,  offal  or  the  contents 
of  any  vault,  sink,  privy,  cesspool  or  any  noxious  or  offensive 
substances,  shall  *do  or  permit  to  be  done  about  the  same 
or  in  connection  therewith  that  which  shall  be  needlessly 
offensive  or  filthy  in  respect  to  any  person,  street,  place, 
building  or  premises. 

§ 100.  No  person  owning  or  having  in  charge  in  the 
City  of  Yonkers,  any  cart  or  other  vehicle  for  carrying  the 
contents  of  any  privy,  vault,  cesspool  or  sink,  or  offal,  swill 
or  garbage,  shall  keep  or  cause  or  allow  to  be  kept  any  such 
cart  or  vehicle  within  fifty  (50)  feet  of  any  dwelling  house, 
without  a permit  having  been  first  obtained  from  the  Health 
Bureau;  and  all  persons  owning  or  having  in  charge  any 
such  carts  or  vehicles  shall  be  required  to  thoroughly  cleanse, 
each  day,  every  such  cart  or  vehicle,  and  to  keep  the  same 
in  good  sanitary  condition. 

§ 101.  All  putrid  and  offensive  matter,  and  all  night 
soil,  and  the  contents  of  sinks,  privies,  vaults  and  cesspools, 
and  all  noxious  substances  in  the  built-up  portion  of  the 
City  of  Yonkers,  shall,  before  their  removal  or  exposure f 


260 


Code  of  Ordinances. 


be  disinfected  and  rendered  inoffensive  by  the  owner,  lessee 
or  occupant  of  the  premises  where  the  same  may  be,  or  (in 
default  of  the  same  being  done)  by  the  person  who  removes 
or  is  about  to  remove  the  same;  and  for  all  such  matter 
disinfected  and  rendered  inoffensive,  the  person  (not  being 
such  owner,  lessee  or  occupant)  who  shall  so'  disinfect  and 
remove  the  same,  shall  be  entitled  to  demand  and  receive 
compensation,  to  be  fixed  by  the  Commissioner  of  Public 
Safety,  not  exceeding  twelve  (12)  cents  per  cubic  foot  for 
making  such  disinfection  and  removal,  to  be  paid  by  such 
owner,  tenant  or  occupant.  This  section  shall  not  apply 
to  garbage  placed  in  proper  receptacles  for  removal  according 
to  other  sections  of  this  Code. 

§ 102.  No  person  shall  take  or  allow  any  ship,  boat, 
scow  or  other  vessel  to  come  into  or  lay  to,  at  or  within  any 
dock,  pier  or  slip  in  the  City  of  Yonkers  for  the  purpose  of 
the  shipment  or  removal  of  any  offal,  garbage,  rubbish  or 
offensive  animal  or  vegetable  matter,  dirt,  or  dead  animals, 
or  place  upon  any  dock,  pier  or  slip  for  shipment  or  removal 
any  of  such  substances,  without  a permit  from  the  Board  of 
Health. 

§ 103.  The  Health  Officer  shall  enforce  the  provisions 
of  the  Sanitary  Code  in  regard  to  the  removal  of  offal,  swill, 
garbage  or  other  offensive  material,  and  shall  cause  the 
arrest  of  any  and  all  persons  who  shall  remove  or  attempt 
io  remove  through  the  streets  of  this  city  any  offal,  swill, 
garbage  or  other  offensive  material  in  violation  of  any  of 
the  sections  of  this  Sanitary  Code. 

TITLE  X. 

DISEASED  AND  DEAD  ANIMALS. 

§ 104.  No  animal  afflicted  with  an  infectious  or  con- 
tagious disease  shall  be  brought  or  kept  within  the  limits 
•of  the  City  of  Yonkers  without  a permit  from  the  Health 
Bureau.  No  animal  having  the  glanders  or  farcy  shall  be 
kept,  used,  retained  or  permitted  within  said  city. 


Code  of  Ordinances. 


261 


§ 105.  It  shall  be  the  duty  of  every  veterinary  surgeon 
who  is  called  to  examine  or  professionally  attend  any 
animal  within  the  City  of  Yonkers  having  the  glanders  or 
farcy,  within  twenty-four  (24)  hours  thereafter  to  report  in 
writing  to  the  Health  Bureau  the  following  facts,  viz,: 
First,  a statement  of  the  location  of  such  diseased  animal; 
Second,  the  name  and  address  of  the  owner  thereof  and  of 
the  person  in  whose  possession  the  same  may  be;  Third,  the 
type  and  character  of  the  disease.  It  shall  be  the  duty  of 
•every  owner  and  person  in  possession  of  any  such  animal 
upon  discovery  of  the  fact  that  it  is  affected  with  glanders 
or  fare y,  to  immediately  report  the  fact  to  the  Health 
Officer,  and  to  remove  or  dispose  of  such  animal  in  the  man- 
ner designated  by  the  Health  Officer. 

§ 106.  No  person  shall  leave  in  or  throw  into  any 
public  place,  street  or  water  or  offensively  expose  or  bury 
the  body,  or  any  part  thereof,  of  any  dead  or  fatally  sick 
or  injured  animal ; and  no  person  shall  keep  any  dead  animal 
or  offensive  meat,  bird,  fowl,  or  fish,  in  a place  where  the 
same  may  be  dangerous  to  life  or  detrimental  to  the  health 
of  any  person. 

§ 107.  Every  person  having  a dead  animal  or  any 
animal  diseased  past  recovery  or  sick  with  any  contagious 
or  infectious  disease  on  his  premises  in  the  City  of  Yonkers, 
and  every  person  who  has  in  his  charge  or  under  his  control 
any  animal  which  has  died  of  any  contagious  or  infectious 
disease  in  any  street  or  place  in  said  city,  shall  at  once  re- 
move, or  cause  to  be  removed,  every  such  animal,  and 
dispose  of  the  same  as  the  Health  Officer  may  direct. 

§ 108.  Any  animal  being  in  any  street  or  public  place 
in  the  City  of  Yonkers,  and  appearing  in  the  estimation  of 
the  Health  Officer  (and  of  two  discreet  citizens  called  by 
him  to  view  the  same  in  his  presence.)  injured  or  diseased 
past  recovery  for  any  useful  purpose,  and  not  being  attended 
and  properly  cared  for  by  the  owner  or  by  some  proper 
person  having  charge  thereof  for  such  owner,  or  not  having 
been  removed  to  some  private  premises,  or  to  some  place 
designated  by  the  Health  Officer  within  one  hour  after  being 


262 


Code  of  Ordinances. 


found  or  left  in  such  condition,  may  be  deprived  of  life  by 
the  Health  Officer  or  as  he  may  direct;  and  shall  thereafter, 
unless  at  once  removed  by  the  owner  or  person  having  charge 
thereof  for  the  owner,  be  treated  as  any  other  dead  animal 
found  on  a street  or  public  place. 

TITLE  XI. 

SLAUGHTERING,  SLAUGHTER  HOUSES,  OFFENSIVE 

OCCUPATIONS. 

§ 109.  The  keeping  and  slaughtering  of  all  cattle, 
sheep  and  swine,  and  the  preparation  and  keeping  of  all 
meat  and  fish,  birds  and  fowl,  shall  be  in  that  manner, 
which  is,  or  is  generally  reported  or  known  to  be  best  adapted 
to  secure  and  continue  their  safety  and  wholesomeness  as 
food;  and  every  butcher  and  every  person  owning,  leasing 
or  occupying  any  place,  room  or  building  where  any  cattle, 
sheep  or  swine  have  been  or  are  killed,  and  dressed  and 
every  person  being  the  owner,  lessee  or  occupant  of  any 
room  or  stable  where  any  cattle  may  be  kept,  or  market, 
public  or  private,  shall  cause  such  place,  room,  building, 
stall  or  market  and  their  yards  and  appurtenances  to  be 
thoroughly  cleaned  and  purified,  and  all  offal,  blood,  fat, 
garbage,  refuse  and  unwholesome  and  offensive  matter  to 
be  removed  therefrom  at  least  once  in  every  twenty-four  (24) 
hours  after  the  use  thereof  for  any  of  the  purposes  herein 
referred  to;  and  shall  also  at  all  times,  keep  all  wood  work, 
save  floors  and  counters  in  every  building,  place  or  premises 
aforesaid,  thoroughly  painted  or  whitewashed. 

§ 110.  No  building  occupied  wholly  or  partly  as  a 
slaughter  house  or  any  part  thereof,  or  any  building  on  the 
same  lot,  shall  be  occupied  or  permitted  to  be  occupied  for 
a dwelling  or  lodging  place  without  a permit  from  the  Health 
Officer.  It  shall  be  the  duty  of  every  owner,  lessee,  tenant 
or  occupant  of  any  building  occupied  wholly  or  partly  as  a 
slaughter  house  to  keep  such  building  at  all  times  adequately 
and  thoroughly  ventilated;  to  permit  no  blood  to  remain 


Code  of  Ordinances. 


263 


therein  over  night;  to  cause  adequate  underground  connec- 
tion to  be  made  and  maintained  from  any  such  building 
with  a public  sewer,  whenever  practicable,  and  where  there 
is  no  public  sewer  adjacent  or  accessible  from  said  premises, 
then  said  building  shall  be  constructed  and  used  in  such 
manner  for  said  business  as  the  Health  Officer  may  prescribe 
to  cause  the  floor  of  such  building  on  which  slaughtering  is 
done  and  the  yard  to  be  and  to  be  kept  properly  cemented 
and  paved  so  as  not  to  absorb  blood  and  so  as  to  carry  all 
liquids  into  the  sewers,  or  in  the  manner  which  may  be 
otherwise  prescribed  by  the  Health  Officer,  to  permit  no 
blood  or  dirty  water,  or  other  substance  from  any  animal 
slaughtered  in  any  building  or  place  to  run,  fall  or  be  in  or 
upon  any  public  street,  avenue,  sidewalk  or  place. 

§ 111.  Every  slaughter  house  and  the  business  of 
slaughtering  cattle,  sheep  or  swine  within  the  City  of  Yonkers, 
shall  be  at  all  times  subject  to  the  inspection  of  the  Health 
Officer,  and  subject  to  all  sanitary  regulations  of  the  Health 
Bureau. 

§ 112.  No  person  shall  boil,  heat,  dry,  keep,  store  or 
manufacture  any  offal,  swill,  blood,  bones,  fat,  tallow  or 
lard,  save  in  ordinary  cooking,  or  any  decaying  animal  or 
vegetable  matter;  nor  shall  the  business  of  bone  crushing, 
bone  boiling,  bone  grinding,  bone  or  shell  burning,  lime 
making,  fat  burning,  gut  cleaning,  skinning  or  making  glue 
from  any  part  of  dead  animals,  heating,  drying,  storing, 
shipping  any  blood,  scrap,  fat,  grease  or  any  offensive  animal 
or  vegetable  matter,  or  the  manufacture  of  any  varnish  or 
oil,  or  the  distilling  of  any  ardent  or  alcoholic  spirits,  or  the 
conducting  of  any  business  or  occupation  that  will  or  does 
generate  any  unwholesome,  offensive  or  deleterious  gas, 
smoke,  deposit  or  exhalation,  or  that  is  or  would  be  danger- 
ous or  detrimental  to  life  or  health,  be  carried  on  anywhere 
in  the  City  of  Yonkers,  without  a permit  from  the  Health 
Officer. 

§ 113.  No  person  or  persons  engaged  in  the  business 
of  buying  or  selling  rags  shall  keep,  or  store,  or  sort  the 
same  within  one  hundred  (100)  feet  of  any  tenement  or 


264 


Code  of  Ordinances. 


dwelling  house,  except  the  house  occupied  exclusively  by 
the  person  and  his  immediate  family  engaged  in  such  business 
without  a permit  from  the  Health  Officer. 


TITLE  XII. 

POLLUTION  OF  STREAMS. 

§ 114.  No  person  shall  throw,  deposit,  discharge  or 
convey,  or  cause  to  be  thrown,  deposited,  discharged  or  con- 
veyed into  the  Nepperhan  River  in  the  City  of  Yonkers,  or 
into  any  pond  or  stream  in  said  city,  any  garbage,  refuse, 
excrement,  animals,  either  dead  or  living,  or  any  vegetable 
or  animal  matter  liable  to  decay  and  emit  offensive  or  un- 
wholesome gases  or  effluvia,  or  anything  which  is  or  is  likely 
to  become  a nuisance,  dangerous  or  detrimental  to  public 
health. 

§ 115.  There  shall  be  no  sewage  or  any  unclean  dis- 
charge whatsoever  which  is  or  may  become  injurious  to 
health  from  any  dwelling  house,  privy,  vault,  cesspool, 
slaughter  house,  factory,  store,  stable  or  other  building  into 
the  Nepperhan  River,  or  any  pond  or  stream  in  the  City  of 
Yonkers. 

§ 116.  No  owner,  lessee,  tenant  or  occupant  of  any 
premises  in  the  City  of  Yonkers,  adjacent  to  or  in  the  vicinity 
of  the  Nepperhan  River,  or  any  pond  or  stream,  shall  con- 
struct, use,  maintain  or  permit  to  remain  or  be  used  upon  the 
premises  so  owned  or  occupied  by  him,  any  privy,  water 
closet  or  cesspool,  situated  so  that  excrement,  slops,  garbage 
or  any  vegetable  or  animal  matter  which  is  or  is  likely  to 
become  a nuisance  or  offensive,  can  pass  or  be  discharged 
therefrom  into  or  upon  either  the  waters  of  the  Nepperhan 
River  or  any  pond  or  stream  in  the  City  of  Yonkers,  or  upon 
the  surface  of  the  land  adjacent  to  or  in  the  vicinity  of  said 
Nepperhan  River  or  stream. 


Code  of  Ordinances 


265 


TITLE  XIII. 

NUISANCES. 

§ 117.  Whatever  is  dangerous  to  human  life  or  to 
health,  whatever  building,  erection,  or  part  or  cellar  thereof 
is  overcrowded,  or  not  provided  with  adequate  means  of 
ingress  and  egress,  or  is  not  sufficiently  supported,  ventilated, 
sewered,  drained,  cleaned  or  lighted,  and  whatever  renders 
the  soil,  air,  food  or  water  impure  or  unwholesome,  are  de- 
clared to  be  nuisances  and  to  be  illegal;  and  every  person 
having  aided  in  creating,  or  contributing  to  the  same,  or 
who  may  support,  continue  or  retain  any  of  them,  shall  be 
deemed  guilty  of  a violation  of  this  section,  and  shall  also 
be  liable  for  the  expense  of  the  abatement  and  remedy 
thereof. 

§ 118.  No  privy,  vault,  sink,  water  closet,  cesspool, 
garbage  receptacle  or  the  contents  thereof,  and  nothing  in 
any  room,  excavation,  building,  premises  or  place  in  the 
City  of  Yonkers  shall  be  allowed  to  become  a nuisance  or 
offensive,  so  as  to  be  dangerous  or  prejudicial  to  life  or 
health. 

§ 119.  No  person  shall  take,  carry,  expose  or  place 
(or  induce  any  other  person  to  do  so)  in  or  upon  any  street 
or  public  place,  any  substance,  animal  or  thing  which  shall 
imperil  the  life  or  health  of  any  person  who  may  properly 
be  in  such  street  or  place. 

§ 120.  No  person  shall  keep  or  allow  upon  any  prem- 
ises owned  or  occupied  by  him  any  dog  or  other  animal 
which  shall,  by  noise,  disturb  the  quiet  or  repose  of  anyone 
in  the  vicinity,  or  to  the  detriment  of  the  life  or  health  of 
any  human  being. 

§ 121.  No  person  or  persons  in  the  City  of  Yonkers 
shall  keep,  or  allow  to  be  kept  any  dog  or  dogs  in  any  tene- 
ment house,  or  in  the  cellar  or  yard  thereof,  or  any  other 
kind  of  animal  which  is  or  is  likely -to  become  a nuisance. 

§ 122.  No  corporation,  person,  owner,  lessee  or  occu- 
pant of  any  factory  shall  be  allowed  to  ring  bells  or  blow 


266 


Code  of  Ordinances. 


whistles  or  produce  othei  noises  which  shall  disturb  the 
quiet  or  repose  of  any  one  in  the  vicinity. 

§ 123.  No  person  or  persons  shall  keep  or  cause  or 
allow  to  be  kept  in  or  upon  any  building  or  premises  in  any 
part  of  the  City  of  Yonkers,  any  pigs  or  swine,  without  a 
written  permit  from  the  Health  Officer,  such  permit  to  be 
revoked  at  pleasure. 

§ 124.  No  person  or  persons  shall  keep  or  cause  or 

allow  to  be  kept  in  any  tenement  or  dwelling  house  or  on 

the  premises  on  which  the  same  are  situated,  or  any  part 
thereof,  in  the  City  of  Yonkers,  any  pigeons,  chickens,  geese 
or  ducks,  without  a written  permit  from  the  Health  Officer, 
such  permit  to  be  revoked  at  pleasure. 

§ 125.  No  person  or  persons  shall  keep  or  cause  or 

allow  to  be  kept  any  cow  or  cows  in  any  part  of  the  City 

of  Yonkers,  in  any  shed,  bam  or  structure  within  fifty  (50) 
feet  of  any  tenement  or  dwelling  house  without  a written 
permit  from  the  Health  Officer,  said  permit  to  be  granted 
only  after  inspection  and  approval  of  such  shed,  barn  or 
structure  by  the  Veterinary  Inspector  or  the  Health  Officer, 
and  no  person  or  persons  shall  keep  or  cause  or  allow  to  be 
kept  in  any  part  of  the  City  of  Yonkers,  any  cow  or  cows 
in  the  cellar  or  any  part  of  a tenement  or  dwelling  house 
used  by  human  beings,  nor  in  any  place  where  the  water, 
ventilation  and  food  supply  are  not  pure  and  wholesome 
for  the  preservation  and  safe  condition  of  such  cow  or  cows. 

§ 126.  Spitting  upon  the  floors  of  public  buildings  and 
of  railroad  cars  and  upon  the  sidewalks  is  hereby  forbidden, 
and  persons  in  charge  of  such  buildings  and  cars  shall  keep 
posted  permanently  in  each  public  building  and  in  each 
railroad  car  a sufficient  number  of  notices  forbidding  the 
spitting  upon  the  floors,  and  janitors  of  buildings  and  con- 
ductors of  cars  shall  call  the  attention  of  all  violators  of  this 
section  to  such  notice. 

STREET  RAILROAD  CARS. 

§ 127.  It  shall  be  unlawful  for  any  surface  railroad 
company,  its  officers,  agents  or  employes  to  run,  .use  or  op- 


Code  of  Ordinances. 


267 


erate  any  open  cars  for  carrying  passengers  within  the  limits 
of  the  City  of  Yonkers  at  any  time  during  the  period  inter- 
vening between  the  first  day  of  October  and  the  fifteenth 
day  of  April  under  penalty  of  one  hundred  dollars  ($100.00) 
for  each  and  every  offense. 

§ 128.  Every  surface  railroad  company,  its  officers, 
agents  or  employes,  shall  equip  or  cause  to  be  equipped,  its 
open  cars  with  curtains,  constructed  and  applied  in  such  a 
manner  that  they  can  be  easily  pulled  and  fastened  down 
for  the  protection  of  passengers  against  the  action  of  the 
elements,  under  a penalty  of  one  hundred  dollars  ($100.00) 
for  each  car  not  so  provided. 

§ 129.  Each  car  of  each  surface  railroad  in  the  City7  of 
Yonkers  shall  at  all  times  be  provided  with  a sand  box  in 
which  shall  be  kept  a sufficient  quantity  of  sand  for  use  in 
descending  hills,  and  no  car  must  be  run  in  said  city  not  so 
provided. 

§ 130.  Each  car  of  each  surface  railroad  in  the  City  of 
Yonkers  shall  at  all  times  be  provided  with  a brake  at  either 
end  of  said  car  of  sufficient  strength  to  stop  said  car  while 
descending  a hill. 

§ 131.  Each  car  of  each  surface  railroad  in  the  City  of 
Yonkers  shall  at  least  once  in  every  twenty-four  (24)  hours 
be  thoroughly  cleansed  and  kept  in  a sanitary  condition. 

§ 132.  No  street  railway  in  the  City  of  Yonkers  shall 
require  or  permit  any  window  in  the  vestibules  of  its  cars 
to  be  kept  permanently  opened  between  October  first  and 
May  first,  and  every  street  railway  in  said  city  between  said 
dates  shall  maintain  in  said  cars  a temperature  not  less  than 
sixty  (60)  degrees  Fahrenheit  and  shall  also  provide  proper 
ventilation. 

§ 133.  No  person  being  the  owner,  lessee  or  tenant  of 
any  house  or  building  shall  allow  any  water  or  liquid  to  run 
from  or  out  of  or  from  the  roofs  of,  into  or  upon  the  premises 
adjoining,  or  across  any  sidewalk,  curbstone,  gutter  or  upon 
the  surface  of  any  street;  the  surface  water  shall  be  so 
drained  away  from  all  houses  as  to  prevent  it  dripping  on 


268 


Code  of  Ordinances. 


the  ground  or  causing  dampness  in  the  walls,  yards  or  areas. 
The  leaders  from  all  buildings  must  be  properly  and  sep- 
arately trapped  and  connected  with  the  main  house  drain 
or  sewer. 

§ 134.  Whenever  a nuisance  in  any  place  at  or  upon 
any  premises  in  the  City  of  Yonkers  shall  have  been  found 
or  declared  by  the  Health  Officer  to  exist,  and  an  order 
shall  have  been  made  directing  the  owner,  lessee  or  occupant 
of  such  premises  to  make  suitable  repairs  or  improvements 
or  to  abate  the  said  nuisance,  such  repairs  and  improvements 
shall  be  made  and  such  nuisances  shall  be  immediately  and 
fully  abated  in  the  manner  directed  by  the  Health  Officer. 
This  section  shall  not  be  construed  to  relieve  or  exempt 
any  person  from  any  liability  which  he  may  incur  for  viola- 
tion of  any  of  the  other  sections  of  this  Code. 

§ 135.  It  shall  be  the  duty  of  every  owner,  agent,  lessee 
or  tenant  of  any  vacant,  sunken  or  excavated  lot  in  the 
City  of  Yonkers  to  keep  the  same  at  all  times  clean  and  in- 
offensive. 

§ 136.  It  shall  be  unlawful  for  any  owner  or  occupant 
of  a tenement  house  to  cut  or  turn  off  the  water  therefrom 
except  in  case  of  necessity  arising  from  a serious  leak  or 
bursting  of  pipes.  Whenever  the  water  is,  from  any  such 
cause,  turned  off  or  cut  off,  such  fact  must  be  immediately 
reported  to  the  Health  Bureau.  The  unlawful  turning  off 
of  water  from  a tenement  house  shall  be  deemed  a mis- 
demeanor. 

TITLE  XIV. 

SANITARY  AND  SAFE  CONDITION  OF  BUILDINGS. 

§ 137.  Every  owner,  lessee,  tenant,  proprietor  or  man- 
ager of  any  boarding  house,  hotel,  factory  or  other  building 
where  several  people  are  employed  or  reside,  shall  cause 
every  part  thereof  and  its  appurtenances  to  be  put  and  kept 
in  a cleanly  and  wholesome  condition,  and  shall  cause 
every  department  thereof  in  which  any  person  may  sleep, 
dwell  or  work,  to  be  adequately  lighted  and  ventilated;  and 


Code  of  Ordinances. 


269 


if  the  same  be  a factory,  he  shall  cause  every  part  thereof 
in  which  a person  may  work  to  be  maintained  at  such  tem- 
perature and  be  provided  with  such  accommodations  and 
safeguards  as  not  by  reason  of  the  want  thereof  or  of  any- 
thing about  the  condition  of  any  such  manufactory  or  its 
appurtenances,  to  cause  unnecessary  danger  or  detriment  to 
the  life  or  dealth  of  any  person  being  properly  therein  or 
thereat. 

§ 138.  Every  hotel,  lodging  house,  tenement  house, 
work  shop,  or  other  building  where  several  persons  are  em- 
ployed, factory,  school,  church,  hall  and  every  public  build- 
ing shall  be  open  to  the  inspection  of  the  Health  Officer. 
Every  owner,  lessee,  tenant,  occupant  or  person  in  charge 
or  having  any  care  or  responsibility  of  any  such  building  or 
any  public  building,  who  shall  have  any  knowledge  or  in- 
formation of  any  defects  therein,  whereby  any  avoidable 
peril  may  come  or  happen  to  any  person  being  properly  in 
such  building,  or  having  any  knowledge  or  information  of 
anything  prejudicial  to  life  or  detrimental  to  health,  or  of 
any  nuisance  or  of  anything  likely  to  become  such,  in  or 
about  such  building  or  the  premises  thereof,  shall  promptly 
give  notice  of  the  same  to  the  Health  Bureau,  and  in  such 
notice,  as  fully  as  possible  describe  the  locality.  The  rem- 
edy in  respect  to  such  building  or  its  premises,  or  the  re- 
pairs or  improvements  thereof,  or  the  abatement  of  any 
nuisance  which  the  Health  Officer  may  at  any  time  order  or 
direct,  shall  be  at  once  provided  by  the  person  or  persons- 
who  shall  own  or  have  in  charge  or  be  responsible  for  the 
premises  described  in  the  order  or  direction  of  the  Health 
Bureau. 

§ 139.  Whenever  it  shall  be  certified  to  the  Commis- 
sioner of  Public  Safety  by  the  Health  Officer  that  any 
building  or  part  thereof  in  the  City  of  Yonkers  is  infected 
with  contagious  disease,  or  by  reason  of  want  of  repair  has 
become  dangerous  to  the  health  of  the  inmates,  or  is  unfit 
for  human  habitation  because  of  defects  in  drain- 
age, plumbing,  ventilation,  or  the  general  construc- 
tion of  the  same,  or  because  of  the  existence  of 
a nuisance  on  the  premises,  or  any  unsanitary  con- 


270 


Code  of  Ordinances. 


dition  thereof  which  may  be  likely  to  cause  sickness  among 
its  occupants,  the  said  Commissioner  of  Public  Safety  mav 
issue  an  order  requiring  all  persons  therein  to  vacate  such 
building  or  part  thereof  as  said  Commissioner  of  Public 
Safety  may  deem  necessary.  The  Commissioner  of  Public 
Safety  shall  cause  the  said  order  to  be  affixed  conspicuously 
in  the  building  or  part  thereof,  and  to  be  personally  served 
on  the  owner,  lessee,  agent  or  occupant  or  any  person  having 
charge  or  care  thereof,  if  the  owner,  lessee  or  agent  cannot 
be  found  in  Yonkers  or  does  not  reside  therein,  or  evades 
or  resists  service,  then  said  order  may  be  served  by  depositing 
a copy  thereof  in  the  Post  Office  in  the  City  of  Yonkers, 
properly  enclosed  and  addressed  to  such  owner,  lessee, 
or  agent  at  his  last  known  place  of  residence  or  business 
and  prepaying  the  postage  thereon ; ten  days  after  said  order 
shall  have  been  posted  or  mailed  as  aforesaid,  such  building 
or  part  thereof  as  may  have  been  condemned  by  the  Com- 
missioner of  Public  Safety  shall  be  vacated  and  shall  remain 
vacated  until  such  time  as  the  said  Commissioner  may  be 
satisfied  that  the  nuisances  have  been  abated,  that  all  danger 
to  the  puplic  health  from  such  building  or  part  thereof  has 
ceased  to  exist  and  that  said  building  has  been  repaired  and 
made  habitable,  when  said  order  of  condemnation  may  be 
revoked. 

§|140.  Whenever  it  shall  be  certified  to  the  Commis- 
sinoer  of  Public  Safety  by  the  Health  Officer  that  any  tene- 
ment, boarding,  lodging  or  other  house  is  so  overcrowded 
that  there  shall  be  afforded  less  than  five  hundred  (500) 
cubic  feet  of  air  to  each  occupant  of  such  building,  the  said 
Commissioner  of  Public  Safety  may  issue  an  order  requiring 
the  number  of  occupants  of  such  building  to  be  reduced  so 
that  the  inmates  thereof  shall  not  exceed  one  person  to  each 
five  hundred  (500)  cubic  feet  of  air  space  in  such  building 
and  no  sleeping  room  shall  be  constructed  to  contain  less 
than  four  hundred  (400)  cubic  feet  of  air  for  each  adult  and 
two  hundred  (200)  cubic  feet  for  each  child  under  twelve 
years  of  age;  notices  and  orders  to  be  served  and  mailed  as 
prescribed  in  section  139. 

§ 141.  No  owner,  lessee,  occupant  or  tenant  of  any 


Code  of  Ordinances. 


271 


building  or  erection  in  the  City  of  Yonkers,  shall  allow  any 
part  thereof  or  any  substance  therein  or  anything  thereto 
attached,  and  which  any  such  person  can  control  or  remove 
to  continue  or  remain  in  a position  or  condition  that  shall 
imperil  the  life  and  safety  of  any  person  thereat  or  therein, 
or  who  is  or  who  may  properly  be  in  any  public  street  or 
place;  no  vault,  cellar  or  underground  room  shall  be  occupied 
as  a place  for  lodging  or  sleeping,  except  the  same  be  ap- 
proved in  writing  and  a permit  given  therefor  by  the  Health 
Officer;  no  tenement  house,  lodging  house  or  dwelling  house 
or  any  portion  thereof  shall  be  used  as  a place  of  storage 
for  any  article  or  anything  detrimental  to  health. 


TITLE  XV. 

LIGHT  AND  VENTILATION  OF  TENEMENT  HOUSES. 

§ 142.  This  Sanitary  Code  shall- be  held  to  apply  to  the 
entire  territory  within  the  City  of  Yonkers,  and  to  persons 
therein  except  when  it  is  herein  expressly  provided  other- 
wise ; the  term  ‘ 4 Health  Officer  ’ ’ wherever  used  herein  shall 
be  held  to  mean  the  Health  Officer  of  the  City  of  Yonkers, 
N.  Y. ; the  words  “city,”  or  “this  city4”  or  44  said  city” 
wherever  used  therein,  shall  be  held  "to  mean  the  City  of 
Yonkers,  N.  Y. ; the  words  44  person  ” or  44  persons  ” wherever 
used  herein,  shall  be  held  to  include  corporations  or  associa- 
tions wherever  such  construction  is  necessary. 

§ 143.  (a)  A 44  tenement  house  ” within  the  meaning 

of  this  Article  shall  be  taken  to  mean  and  include  every 
house  or  building  or  portion  thereof,  which  is  rented,  leased, 
let  or  hired  out  to  be  occupied  or  is  occupied  as  the  home 
or  residence  of  three  or  more  families,  living  independently 
of  each  other  and  doing  their  cooking  on  the  premises. 

(b)  A 44  lodging  house  ” shall  be  taken  to  mean  and 
include  every  house,  or  building  or  portion  thereof  in  which 
persons  are  harbored  or  received  or  lodged  for  a single  night, 
or  for  less  than  a week  at  one  time,  or  any  part  of  which 
is  let  for  any  person  to  sleep  in  for  a term  less  than  a week. 


272 


Code  of  Ordinances. 


(c)  The  phrase  “ boarding  house  ” shall  be  held  to  in- 
clude every  building  or  portion  thereof  which  is  at  any  time 
or  usually  used,  leased  or  occupied,  or  intended  to  be,  by 
any  number  of  persons  exceeding  five  as  boarders  thereat. 

(d)  A cellar  ’ ’ shall  be  taken  to  mean  and  include 
every  basement  or  lower  story  of  any  building  or  house,  of 
which  one-half  or  more  of  the  height  from  the  floor  to  the 
ceiling  is  below  the  level  of  the  street  or  ground  adjoining. 

(e)  A “ yard  ” is  an  open,  unoccupied  space  on  the 
same  lot  with  a tenement  house,  between  the  extreme  rear 
line  of  the  house  and  the  rear  of  the  lot. 

(f)  A “ court  ” is  an  open,  unoccupied  space  other 
than  a.  yard  on  the  same  lot  with  a tenement  house.  A 
court  not  extending  to  the  street  or  yard  is  an  inner  court. 
A court  extending  to  the  street  or  yard  is  an  outer  court; 
if  it  extends  to  the  street,  it  is  a street  court;  if  it  extends 
to  the  yard,  it  is  a yard  court. 

(g)  A “shaft”  includes  exterior  and  interior  shafts, 
whether  for  air,  light,  elevator,  dumbwaiter,  or  any  other 
purpose.  A vent  shaft  is  one  used  solely  to  ventilate  or 
light  a water  closet  compartment  or  bath  room. 

(h)  The  term  “ garbage  ” shall  be  held  to  include 
every  accumulation  of  animal  and  vegetable  matter,  liquid 
or  otherwise,  that  attends  the  preparation,  decay  and  dealing 
in,  or  storage  of  meat,,  fish,  fowl,  birds  or  vegetables  and  also 
canned  fruit,  canned  meat,  old  shoes  and  rubbish  likely  to 
decompose  or  emit  disagreeable  odors.  The  word  “ ashes  ” 
shall  be  held  to  include  cinders,  coal  and  everything  that 
usually  remains  after  fires. 

(k)  The  word  “ shall  ” is  always  mandatory,  and  not 
directory,  and  denotes  that  the  house  shall  be  maintained  in 
all  respects  according  to  the  mandate  as  long  as  it  continues 
to  be  a tenement,  lodging  or  boarding  house. 

§ 144.  No  house,  building  or  portion  thereof  in  the 
City  of  Yonkers  shall  be  used,  occupied,  leased  or  rented 
for  a tenement,  boarding  or  lodging  house,  unless  the  same 
conforms  in  the  construction  to  the  requirements  of  this 
article,  and  if  occupied  by  more  than  one  family  on  a floor, 
and  if  the  halls  do  not  open  directly  to  the  external  air, 


Code  of  Ordinances. 


273 


with  suitable  windows,  without  a room  or  other  obstruction 
at  the  end,  it  shall  not  be  used,  leased,  occupied  or  rented 
unless  sufficient  light  and  ventilation  is  otherwise  provided 
in  such  halls.  Every  such  house  or  building  shall  have  in 
the  roof  at  the  top  of  the  hall  an  adequate  and  proper  sky- 
light and  ventilator  of  a form  approved- bv  the  Inspector  of 
Buildings. 

§ 145.  A building  not  erected  for  use  as  a tenement, 
boarding  or  lodging  house,  if  hereafter  converted  or  altered 
to  such  use,  shall  thereupon  become  subject  to  all  the  pro- 
visions of  this  Article  affecting  such  tenement,  boarding  and 
lodging  houses  hereafter  erected. 

§ 146.  Behind  every  tenement  house  hereafter  erected 
there  shall  be  a yard  extending  across  the  entire  width  of 
the  lot,  and  at  every  point  open  from  the  ground  to  the  sky 
unobstructed,  except  that  fire  escapes  or  unenclosed  outside 
stairs  may  project  not  over  five  feet  from  the  rear  line  of 
the  house.  The  depth  of  said  yard,  measured  from  the 
extreme  rear  wall  of  the  house  to  the  rear  line  of  the  lot, 
shall  be  as  set  forth  in  the  following  sections. 

§ 147.  No  tenement  house  hereafter  erected,  except 
as  specified  in  the  following  Sections,  shall  occupy  more 
than  seventy-five  (75)  per  cent,  of  the  lot,  provided  that 
the  space  occupied  by  iron  fire-escapes  or  unenclosed  outside 
stairs  shall  not  be  deemed  part  of  the  space  occupied. 

§ 148.  The  depth  of  the  yard  behind  every  tenemenl 
house  hereafter  erected,  except  on  a corner  lot,  shall  not  be 
less  than  twelve  feet  for  a building  thirty-six  feet  or  less  in 
height  and  shall  be  increased  one  foot  for  every  additional 
twelve  feet  in  height.  When  the  first  story  is  occupied  as  a 
store,  the  store  may  extend  the  full  depth  of  the  lot  and 
the  yard  start  from  the  second  tier  of  beams. 

§ 149.  The  depth  of  the  yard  behind  every  tenement 
house  hereafter  erected  upon  a corner  lot  shall  not  be  less 
than  ten  feet,  except  in  lots  less  than  one  hundred  feet  in 
depth.  The  yard  shall  be  at  least  ten  per  cent,  of  the  depth 
of  the  lot.  When  the  first  story  is  occupied  as  a store,  the 


274 


Code  of  Ordinances. 


storey-may  extend  the  full  depth  of  the  lot  and  the  yard 
starts  at  the  second  tier  of  beams. 

§ 150.  When  a lot -is  situated  on  the  corner  of  two 
streets,  and  when  the  width  of  the  lot  is  greater  than  fifty 
feet,  the  excess  over  said  fifty  feet  shall  not  be  deemed  part 
of  a corner  lot,  but  shall  be  subject  to  the  provisions  of 
this  article,  in  relation  to  lots  other  than  corner  lots. 

§ 151.  "Whenever  a tenement  house  hereafter  erected  is 
on  a lot  which  runs  through  from  one  street  to  another 
street,  and  said  lot  is  not  more  than  one  hundred  feet  in 
depth,  the  court  space  shall  conform  to  the  sections  in  the 
ordinance  referring  to  courts,  and  when  said  lot  is  more  than 
one  hundred  feet  in  depth,  the  depth  of  the  yard  space  must 
be  twelve  per  cent,  of  the  depth  of  the  lot  and  shall  extend 
across  the  full  width  of  the  lot.  Where  the  ground  floor  of 
such  building  is  used  or  intended  to  be  used  as  a store,  such 
yard  space  may  start  at  the  second  story  beams. 

§ 152.  No  court  of  a tenement  house  hereafter  erected 
shall  be  covered  by  a roof  or  skylight,  but  every  such  court 
shall  be  at  every  point  open  from  the  ground  to  the  sky  un- 
obstructed, except  when  the  first  story  is  occupied  as  a store, 
in  which  case  the  court  may  start  from  the  top  of  the  second 
story  be  ms,  and  shall  conform  to  the  requirements  of  the 
following  sections ; provided  that  an  apartment  not  contain- 
ing any  room  fronting  upon  the  street  or  yard  may  have  a 
fire-escape  in  a court,  projecting  not  more  than  five  feet 
from  the  wall  of  the  house. 

§ 153.  Where  one  side  of  an  outer  court  is  situs t d on 
the  lot  line,  the  width  of  the  said  court,  measured  from  the 
lot  line  to  the  opposite  wall  of  the  building,  for  tenement 
houses  thirty-six  feet  or  less  in  height  shall  not  be  less  than 
three  feet  in  any  part  and  for  every  twelve  feet  or  fraction 
thereof  increase  in  height  of  said  building,  such  width  shall 
be  increased  6 inches  throughout  the  height  of  said  court. 

If  said  court  exceeds  forty  (40)  feet  in  length,  and  does 
not  extend  all  the  way  from  the  street  to  the  yard,  the  width 
shall  be  increased  six  inches  throughout  its  entire  length 
for  every  ten  feet  or  fraction  thereof  increase  in  length,  or 


Code  of  Ordinances. 


275 


each  additional  ten  (10)  feet  or  fraction  thereof  increase  in 
length  shall  be  increased  one  (1)  foot  in  width. 

§ 154.  Where  an  outer  court  is  situated  between  wings 
or  parts  of  the  same  building,  or  between  different  buildings 
on  the  same  lot,  the  width  of  said  court,  measured  from 
wall  to  wall,  for  tenement  houses  thirty-six  feet  or  less  in 
height,  shall  not  be  less  than  six  feet  in  any  part;  and  for 
every  twelve  feet  increase  or  fraction  thereof  in  the  height 
of  the  said  building,  such  width  shall  be  increased  one  foot 
throughout  the  entire  height  of  the  said  court. 

If  said  court  exceeds  forty  (40)  feet  in  length  and  does 
not  extend  all  the  way  from  the  street  to  the  yard,  the 
width  shall  be  increased  one  foot  throughout  its  entire  length 
for  every  ten  feet  or  fraction  thereof  increase  in  length,  or 
each  additional  ten  (10)  feet  or  fraction  thereof  increase 
in  length  shall  be  increased  two  (2)  feet  in  width. 

§ 155.  Whenever  an  outer  court  is  less  in  depth  than 
the  minimum  width  prescribed  in  the  preceding  section, 
then  its  width  may  be  equal  to  but  not  less  than,  its  depth. 

§ 156.  Tenement  houses  hereafter  erected  outside  the 
fire  limits  where  outer  courts  extend  from  the  street  to  the 
yard,  or  from  front  to  a rear  court,  when  such  a court  is  situ- 
ated on  the  lot  line,  for  buildings  twenty-four  feet  or  less 
in  height,  the  width  of  such  court  shall  not  be  less  than 
three  feet  in  any  part;  and  for  every  twelve  feet  or  fraction 
thereof  increase  in  height,  the  width  shall  be  increased  six 
inches.  When  such  a court  is  between  buildings  on  the 
same  lot,  for  buildings  twenty-four  feet  or  less  in  height, 
the  width  shall  not  be  less  than  six  feet  in  any  part;  and  for 
every  twelve  feet  or  fraction  thereof  increase  in  height,  the 
width  shall  be  increased  six  inches  throughout  the  entire 
height. 

If  the  length  of  the  said  court  exceeds  forty-eight  feet, 
for  every  ten  feet  or  fraction  thereof  increase  in  length,  it 
shall  be  increased  six  inches  in  width  throughout  its  entire 
length  and  height. 

§ 157.  Any  outer  court  may  be  extended  or  enlarged 
by  offsets  or  recesses  providing  the  depth  of  such  offsets  or 
recesses  shall  never  exceed  their  width. 


276 


Code  of  Ordinances. 


§ 158.  Where  one  side  of  an  inner  court  is  situated  oo 
the  lot  line,  the  width  of  the  said  court,  measured  from  the 
lot  line  to  the  opposite  wall  of  the  building,  for  tenement 
houses  thirty-six  feet  or  less  in  height,  shall  not  be  less  than 
seven  feet,  six  inches  in  any  part;  and  ils  other  horizontal 
dimension  shall  not  be  less  than  twelve  feet  in  any  part; 
for  every  twelve  feet  or  fraction  thereof  increase  in  the  height 
of  said  building,  such  width  shall  be  seven  feet  and  six 
inches  throughout  the  entire  height  of  said  court  and  the 
other  horizontal  dimension  shall  be  increased  one  foot 
throughout  the  entire  height  of  said  court. 

§ 159.  Where  an  inner  court  is  not  situated  on  the  lot 
line  for  a tenement  house  thirty-six  feet  or  less  in  height, 
the  width  of  such  court  shall  not  be  less  than  fifteen  feet 
and  its  horizontal  dimension  shall  not  be  less  than  twelve 
feet;  and  for  every  twelve  feet  or  fraction  thereof  increase 
in  height  such  other  horizontal  dimension  shall  be  increased 
one  foot  throughout  its  entire  height. 

§ 160.  Every  inner  court  shall  be  provided  with  one 
or  more  horizontal  intakes  or  ducts  at  the  bottom.  Said 
intakes  or  ducts  shall  not  be  less  in  total  area  than  two  per 
cent,  of  the  area  of  said  court,  and  shall  always  communicate 
directly  with  the  street  or  yard.  Whenever  the  said  intake 
or  ducts  consist  of  a passage  way  or  passage  ways,  such  pass- 
age ways,  if  closed,  shall  always  be  provided  with  open 
grilles  or  transoms  of  a size  not  less  than  the  area  of  the 
intake,  and  such  open  grilles  or  transoms  shall  never  be  cov- 
ered over  with  glass  or  in  any  other  way. 

§ 161.  Any  inner  court  may  be  extended  or  enlarged 
by  offsets  or  recesses,  providing  the  depth  of  such  offset  or 
recess  shall  never  exceed  its  width. 

§ 162.  Nothing  contained  in  the  foregoing  sections  con- 
cerning inner  and  outer  courts  shall  be  construed  as  pre- 
venting windows  at  the  angles  of  said  courts,  provided  that 
the  running  length  of  the  wall  containing  such  windows 
does  not  exceed  six  feet. 

§ 163.  In  every  case  the  room  or  compartment  in 
which  a water  closet  is  placed  must  be  open  to  the  outer 


Code  of  Ordinances. 


277 


air,  or  be  ventilated  by  means  of  an  air  duct  or  shaft  not 
less  than  three  feet  square  in  area. 

§ 164.  If  a vent  shaft  is  roofed  over,  open  ventilators 
must  be  provided  having  an  area  equal  to  the  area  of  the 
shaft. 

§ 165.  Every  vent  shaft  shall  be  provided  with  a 
horizontal  intake  or  duct  at  the  bottom,  communicating  with 
the  street,  yard  or  court;  such  duct  or  intake  must  be  con- 
structed of  fireproof  material  and  must  have  an  area  of  at 
least  one  and  one-half  square  feet. 

§ 166.  In  all  inner  courts  and  vent  shafts  means  must 
be  provided  for  cleaning  same,  and  if  they  extend  to  the 
cellar,  they  must  be  provided  with  self-closing  fireproof  doors. 

§ 167.  In  every  tenement  house  hereafter  erected,  the 
bottom  of  all  courts,  areas  and  yards  which  extend  to  the 
basement  for  light  or  vent  ilal  ion  of  living  rooms  shall  be 
properly  drained,  and  where  necessary  connected  to  the 
sewer  so  that  all  water  may  pass  freely  into  it. 

§ 168.  In  every  tenement  house  hereafter  erected, 
every  room,  except  water  closet  compartments  and  bath 
rooms  shall  have  at  least  one  window  opening  directly  on 
the  yard,  street  or  court, -but  not  on- a vent- shaft. 

§ 169.  In  every  tenement  house  hereafter  erected  the 
total  window  area  in  each  room,  except  water  closet  com- 
partments and  bath  rooms,  shall  be  at  least  one-tenth  of 
the  floor  area  of  the  room,  and  the  top  of  the  window  shall 
not  be  less  than  seven  feet,  six  inches  above  the  floor  and 
the  upper  half  of  it  shall  be  made  so  as  to  open  the  full  width. 
No  such  window  shall  be  less  than  twelve  feet  in  area  between 
the  stop  beads. 

§ 170.  In  every  tenement  house  hereafter  erected! the 
total  window  area  in  a water  closet  compartment  or  bath 
room  shall  not  be  less  than  three  square  feet  and  no  such 
window  shall  be  less  than  one  foot  in* width,  measured  between 
the  stop  beads. 

§ 171.  In  every  tenement  house  hereafter  erected,  all 
rooms,  except  water  closet  compartments  and  bath  rooms, 


278 


Code  of  Ordinances. 


shall  be  of  the  following  minimum  size:  In  each  apartment 
there  shall  be  at  least  one  room  containing  not  less  than  120 
square  feet  of  floor  area,  and  each  other  room  shall  contain 
at  least  70  square  feet  of  floor  area.  Each  room  shall  be  in 
every  part  not  less  than  nine  feet  high  from  the  finished  floor 
to  the  finished  ceiling;  provided  lhat  an  attic  room  need  be 
nine  feet  high  in  but  one-half  of  its  area. 

§172.  In  every  tenement  house  hereafter  erected  where 
any  room  adjoins  another  room,  and  has  eighty  per  cent, 
or  more  of  one  entire  side  open  to  the  other  room,  and  there 
is  no  door  between,  it  shall  be  considered  as  part  of  the  said 
room.  Under  other  circumstances  every  alcove  shall  be 
deemed  a separate  room  for  all  purposes  within  the  meaning 
of  this  article.  But  no  apartment  shall  contain  more  than 
one  such  alcove. 

§ 173.  In  tenement  houses  hereafter  erected  no  room 
in  the  cellar  or  basement  shall  be  occupied  for  living  pur- 
poses unless  the  following  conditions,  in  addition  to  all  other 
requirements  of  this  article,  are  complied  with. 

a.  Such  room  shall  be  at  least  eight  feet  high  in  every 
part,  from  the  floor  to  the  ceiling. 

b.  The  ceiling  of  such  room  shall  be  at  least  four  feet 
and  six  inches  above  the  surface  of  the  street  or  ground  at 
every  point,  but  no  such  basement  or  cellar  shall  be  occupied 
as  a habitation  unless,  in  the  opinion  of  the  Health  Officer, 
it  has  sufficient  light  and  ventilation. 

§ 174.  In  all  tenement  houses  where  plumbing  or  other 
pipes  pass  through  partitions  or  floors,  the  openings  around 
such  pipes  shall  be  ceiled  or  made  air  tight  with  plaster  or 
other  incombustible  materials  so  as  to  prevent  the  passage 
of  air  or  the  spread  of  fire  from  one  room  to  another  or  from 
floor  to  floor. 

TITLE  XVI. 

SANITARY  CONDITION  OF  BUILDINGS. 

§ 175.  Every  tenement  house,  boarding  or  lodging 
house,  and  every  part  thereof,  shall  be  kept  clean  and  free 


Code  of  Ordinances.  279 

from  any  accumulation  of  dirt,  filth,  garbage  or  other  matter 
in  or  on  the  same,  or  in  the  yards,  courts,  passages,  areas 
or  alleys  connected  therewith,  or  belonging  to  the  same. 

§ 176.  The  owner  of  every  tenement  house  shall  thor- 
oughly cleanse  all  the  rooms,  passages,  floors,  stairs,  win- 
dows, doors,  walls,  ceilings,  privies,  water  closets,  cesspools, 
drains,  halls,  cellars,  roofs  and  all  other  parts  of  said  tene- 
ment house,  or  part  of  house,  of  which  he  is  the  owner,  to 
the  satisfaction  of  the  Health  Officer,  and  shall  keep  the 
said  parts  of  the  said  tenement  in  a cleanly  condition  at  all 
times. 

§ 177.  No  wall  paper  shall  be  placed  upon  a wall  or 
ceiling  of  any  tenement  unless  all  wall  paper  shall  be  first 
removed  therefrom  and  said  wall  and  ceiling  thoroughly 
cleansed. 

§ 178.  The  owner,  lessee,  tenant  or  occupant  of  every 
tenement  house  shall  provide  for  such  building  proper  and 
suitable  conveniences  or  receptacles  for  ashes,  rubbish, 
garbage,  refuse  and  other  matter.  Such  receptacles  shall  be 
constructed  of  galvanized  iron  with  cover,  and  shall  not  be 
allowed  to  become  offensive. 

TITLE  XVII. 

FILING  OF  PLANS. 

§ 179.  Before  the  construction  or  alteration  of  a tene- 
ment house  or  the  alteration  or  conversion  of  a building 
for  use  as  such,  is  commenced,  the  owner,  or  his  agent  or 
architect,  shall  submit  to  the  Inspector  of  Buildings,  along 
with  the  building  application,  a detailed  statement  in  writ- 
ing, verified  by  the  person  making  the  same,  of  the  specifica- 
tions for  the  light  and  ventilation  of  such  tenement  house 
building  upon  a blank  or  form  to  be  furnished  by  such  In- 
spector. Upon  the  approval  of  the  same  by  the  Health 
Officer,  a certificate  shall  be  issued  to  the  person  submitting 
the  same.  If  such  construction,  alteration  or  conversion  is 
proposed  to  be  made  by  any  other  person  than  the  owner 


280 


Code  of  Ordinances. 


of  the  land  in  fee,  such  statement  shall  contain  the  full  name 
and  residence,  street  and  number  not  only  of  the  owner  of 
the  land,  but  every  person  interested  in  such  tenement  house, 
either  as  owner,  lessee  or  in  any  representative  capacity. 
The  said  inspector  may,  from  time  to  time,  approve  changes 
in  any  plans  and  specifications  when  such  changes  shall  be 
in  conformity  with  the  law.  The  construction,  alteration 
or  conversion  of  such  tenement  house  or  building,  or  any 
part  thereof,  shall  not  be  commenced  until  the  filing  of  such 
plans,  specifications  and  statements,  and  the  approval 
thereof,  as  above  provided. 

§ 180.  (a)  No  building  hereafter  constructed  as,  or 

altered  into,  a tenement,  lodging  or  boarding  house,  shall 
be  occupied  in  whole  or  in  part  for  human  habitation  until 
the  issuance  of  a certificate  by  the  Board  of  Health  that 
such  building  conforms  in  all  respects  to  the  requirements 
of  this  article.  Such  certificate  shall  be  issued  within 
ten  days  after  written  application  therefor,  if  said  building, 
at  date  of  application,  shall  be  entitled  thereto. 

(b)  Applicants  for  a permit  shall  also  submit,  for  per- 
manent record,  a plan  of  the  lot  or  site  upon  which  it  is  in- 
tended to  erect  the  building  or  structure,  which  plan  shall 
show  the  location  and  dimensions  of  such  lot,  the  width  of 
the  street  or  streets,  alleys  or  court  ways  upon  which  such 
lot  or  site  abuts,  the  sidewalks  and  curb-lines  thereof,  the 
location  of  any  building  or  structure  thereon  and  the  distance 
of  the  nearest  point  of  all  building  lines  on  the  adjoining  lot 
within  ten  (10)  feet  of  the  lot  line. 

(c)  The  application  shall  be  accompanied  by  a state- 
ment in  writing  giving  the  location  and  intended  use  of  the 
building  with  a description  of  the  land  and  the  number  of 
the  sub-lot,  name  of  owner  and  street,  and  each  of  the 
owners  of  said  building,  structure  or  premises. 

(d)  If,  after  a permit  shall  have  been  issued  and  if  the 
operation  called  for  by  it  shall  not  be  begun  within  six  (6) 
months  of  the  date  thereof,  said  permit  shall  be  void,  and 
before  such  operation  can  be  begun,  a new  permit  shall  be 
taken  out  by  the  owner  or  his  agent  or  architect. 

(e)  An  application  to  modify  the  plans  and  specifica- 
tions of  which  the  permit  is  to  be  issued  may  be  considered 


Code  of  Ordinances. 


281 


by  the  Health  Officer  and  a permit  granted,  provided  such 
modifications  are  not  prejudicial  to  the  light  and  ventilation 
of  the  building,  and  that  any  building  shall  not  occupy  a 
greater  lot  space  than  the  provisions  of  this  Code  provide. 

TITLE  XVIII. 

LIABILITIES,  PENALTIES,  REMEDIES. 

§ 181.  The  owner,  agent,  lessee,  tenant  or  occupant  of 
any  building  or  premises,  or  of  any  part  thereof,  whereon 
there  shall  be  any  public  nuisance,  or  cause  or  promotant 
of  disease  or  ill-health,  or  subject  matter  of  offense,  in  viola- 
tion of  any  of  the  provisions  of  this  Sanitary  Code,  or  of  any 
ordinance  of  the  Common  Council,  or  any  order  or  regulation 
of  the  Health  Bureau,  shall  be  jointly  and  severally  liable 
therefor,  and  each  of  them  may  be  required  to  abate  the 
nuisance,  or  comply  with  the  order  of  the  Health  Officer  in 
respect  to  the  premises  or  part  thereof  of  which  the  said 
person  is  owner,  lessee,  tenant  or  occupant. 

§ 182.  Every  person  violating  any  of  the  provisions  of 
the  Sanilary  Code,  or  any  order  or  regulation  of  the  Health 
Bureau  or  Health  Officer  of  the  City  of  Yonkers,  N.  Y.,  shall 
for  each  and  every  offense  forfeit  and  pay  a penalty  of  one 
hundred  dollars  ($100.00)  except  when  otherwise  provided, 
which  penalty  shall  be  recoverable,  with  costs,  in  an  action 
brought  by  the  Commissioner  of  Public  Safety,  in  the  name 
of  the  City  of  Yonkers,  in  any  court  of  competent  jurisdiction. 

§ 183.  All  penalties  collected  under  this  ordinance  shall 
be  paid  into  the  City  Treasury  and  shall  be  applicable  to 
such  purposes  as  the  Common  Council  of  the  City  of  Yonkers 
shall  direct. 

§ 184.  Except  as  herein  otherwise  specified,  the  pro- 
cedure for  Ihe  prevention  of  violations  of  this  article,  or 
for  the  vacation  of  premises  unlawfully  occupied,  or  for 
other  abatement  of  nuisance  in  connection  with  a tenement, 
lodging  or  boarding  house  shall  be  as  set  forth  in  the  Second 
Class  Cities  Law  and  the  Supplemental  Charter  of  the  City 


282 


Code  of  Ordinances. 


of  Yonkers,  the  ordinances  of  the  Common  Council  and 
Sanitary  Code  of  the  City  of  Yonkers. 

§ 185.  No  person  shall  interfere  with,  obstruct  or  im- 
pede the  Health  Officer,  any  policeman  or  other  person 
authorized  by  the  Health  Bureau  in  making  any  sanitary 
inspection  or  examination,  or  in  the  performance  of  any  act 
authorized  by  this  Sanitary  Code,  or  by  statute  or  by  lawful 
authority. 


ARTICLE  XXIV. 

MISCELLANEOUS  PROVISIONS. 


Section  1.  If  a member  of  the  Common  Council  shall 
at  any  meeting,  be  guilty  of  disorderly  conduct,  or  utter  im- 
proper or  offensive  words  or  insinuations  tending  to  impede  the 
public  business,  or  to  wrongfully  reflect  upon  the  Common 
Council,  or  any  officer  or  member  thereof,  the  President  of 
the  Common  Council  shall  be  empowered,  and  it  is  hereby 
declared  to  be  his  duty,  to  call  such  offending  member  to 
order,  and  to  require  him  to  make  prompt  and  satisfactory 
apology  to  the  Common  Council  for  such  misconduct.  If  he 
shall  refuse  to  so  apologize,  or  shall  repeat  the  offence,  the 
President  of  the  Common  Council  may  order  his  removal 
from  the  place  of  meeting;  and  if  two-thirds  of  the  Common 
Council  so  determine,  at  any  meeting  following  that  at  which 
the  offence  was  committed,  such  offending  member  may  be 
expelled  from  the  Common  Council. 

§ 2.  Every  person  other  than  an  officer  of  the  city,  who 
shall  pay  over  any  money  to  the  Cily  Treasurer,  shall  take 
the  Treasurer’s  receipt  for  the  money  paid,  and  shall,  within 
two  days  from  the  date  of  such  receipt,  present  the  same  to 
the  City  Clerk  to  be  countersigned ; and  no  receipt  of  the  City 
Treasurer  to  any  such  person  shall  be  a valid  and  effect  ual 
discharge  for  such  payment  until  the  same  is  countersigned 
as  aforesaid. 

§ 3.  No  telephone,  telegraph  or  electric  light  poles  shall 
be  erected  in  any  of  the  streets,  avenues  or  squares  in  the 


Code  of  Ordinances. 


283 


City  of  Yonkers  without  first  obtaining  the  consent  of  the 
owner  or  owners  of  the  premises  in  front  of  which  said  pole 
or  poles  are  to  be  erected. 

§ 4.  All  licenses  or  permits  granted  by  the  Mayor  or 
City  Clerk  under  these  ordinances  may  be  revoked  or  sus- 
pended by  the  Mayor  at  his  discretion. 

§ 5.  The  word  “ person  ” or  “ persons  ” wherever  used 
in  these  ordinances  shall  be  construed  to  include  a corpora- 
tion or  corporations;  the  word  “street”  to  include  all 
public  streets,  avenues  and  squares;  and  the  word  “ city  ” 
to  mean  the  City  of  Yonkers. 

§ 6.  The  penalty  for  violation  of  any  of  these  ordin- 
ances, when  not  otherwise  specified,  shall  be  a sum  not  less 
than  one  ($1.00)  dollar  nor  more  than  fifty  ($50.00)  dollars, 
in  the  discretion  of  the  magistrate  convicting,  or  in  a civil 
action,  in  the  discretion  of  the  Court  wherein  the  action  shall 
be  tried. 

§ 7.  All  ordinances  of  the  City  of  Yonkers  inconsistent 
with  this  ordinance  are  hereby  repealed. 

§ 8.  This  ordinance  shall  not  be  construed  to  affect 
or  impair  any  right,  interest,  privilege  or  power  which  has 
accrued  or  been  conferred  heretofore,  or  any  penalty,  obliga- 
tion, liability,  forfeiture  or  assessment,  heretofore  incurred, 
or  any  action  or  proceeding  now  pending  and  not  finally 
determined. 

§ 9.  This  ordinance  shall  go  into  effect  upon  the  15th 
day  of  January,  1912. 

Adopted  by  the  Common  Council,  December  26,  1911. 

Approved  by  the  Mayor,  December  27,  1911. 


JOHN  T.  GEARY, 

City  Clerk. 


284 


Code  of  Ordinances. 


STATE  OF  NEW  YORK,  ) 
COUNTY  OF  WESTCHESTER,  V 
CITY  OF  YONKERS,  J 


I,  John  T.  Geary,  City  Clerk  of  the  City  of  Yonkers,  do 
hereby  certify  that  I have  compared  the  foregoing  ordinance 
with  the  original  thereof  on  file  in  this  office,  and  that  the 
same  is  a correct  transcript  therefrom  and  of  the  whole  of 
said  original. 

In  Witness  Whereof,  I have  hereunto  set  my  hand  and 
affixed  the  seal  of  my  office  this  28th  day  of  December,  1911. 

JOHN  T.  GEARY, 

City  Clerk. 


• 

' 


. 


INDEX  TO  CODE  OF  ORDINANCES. 

Figures  refer  to  pages  of  Code. 


Page 

Adulterated  food 250 

Advertisements,  distributing,  throwing  or 

dropping  on  streets 40 


license  for  posting  and 

distributing 

43,  45-46 

posting  on  house,  wall, 


fence,  post,  tree,  etc._  _ 40 

Alteration  of  buildings 110,  141,  178 

Animals,  diseased  and  dead 260 

running  at  large 60-63 

Apartment  house 114 

and  see  Tenement  house 

Applications  for  building  permits 111 

Areaways 134 

Ashes 59 

Assignation,  house  of 40 

Auctioneers 43 

Automobiles,  omnibus  or  sight-seeing 27 

and  see  Motor  Vehicles 
Awnings,  hanging  merchandise  on 13 

Ball-playing  in  streets 12,  26 

Barbed  wire  fences 13 

Bathing  in  Hudson  River 38 

Bay  windows 145 

Beams  in  buildings 135 

Berries,  sale  of 54 

Bicycles,  lights,  signals,  rate  of  speed, 

and  coasting 30 

Bill  posting  and  distributing 45-46 

Births,  reports  of 242 

Board  of  Estimate  proceedings,  journal 

of 6 

Boarding  house,  water  closets  in 253 

Boilers,  inspection  of 72-80 

Books  filed 5 

Bricks,  quality  of 116 

Brothel 40 

Building  Code 

Alterations 110,  141,  178 

Anchors 136 

Apartment  house 114 

Application 111 

Areaways 134 

Bay  windows 145 

Beams 135 

Bricks,  quality  of 116 

Bulkheads 145 

Calculations 159 

Cements,  quality  of 117 

Chimney  flues 137 

Columns 135 

Concrete 118 

Cornices 145 

Definitions 114 

(899) 


Building  Code — Continued  Page 

Demolishing  Building 112 

Drying  rooms 144 

Enlargement 110 

Entrances 139 

Erection 110,  141 

Excavations 120 

Fair  and  exhibition 144 

Fire  escapes 139 

limits 179 

places 137 

Fireproof  buildings 116,  146 

Floor  lights 140 

loads 157 

Foundations 120 

Frame  buildings 115,  182 

Girders 125 

Grain  elevators 143 

Heating  plans 137 

Heating  apparatus 144 

HoteL__ 114 

Ice  storage 143 

Inspector  of  buildings 186 

Iron,  quality  of 119 

Iron  and  steel  construction 148 

Lodging  house 114 

Materials,  quality  of 116 

strength  of 159 

Measurements 113 

Mortar,  quality  of 117 

N on-fireproof  building 116 

Partitions 125 

Penalties 186 

Permit 111 

Piers 123, 125, 144 

Places  of  assemblage 165 

Plans 111,  112 

Preliminary  requirements 110 

Private  dwelling 114 

Proceedings 186 

Public  buildings 165 

Quality  of  materials 116 

Raising  of  buildings 178 

Reinforced  concrete 151 

Removal  of  buildings 110,  178 

Repairs 110,  112 

Retaining  walls 121 

Roofs 145 

Sand,  quality  of 117 

Shed  coverings 141 

Sheds 143 

Signs  and  showboards 182 

Skylights 140 

Smokehouses 144 

Soils 122 

Stairs 139 

Steel,  quality  of 119 


11 


Building  Code — Continued  Page 

Steel  construction 148 

Strength  of  materials 159 

Temporary  supports 157 

Tenement  house 114 

Tests  of  materials 118 

Theatres 165 

Timber,  quality  of 117 

Towers 144 

Trusses 136 

Vaults 134 

Violations 186 

Walls.  _ 121,  125 

Wharves 123, 144 

Building  materials  on  asphalt  pavements.  7 

sidewalks 6,  8 

Buildings,  remodeling 41 

removal  of,  upon  public  streets  10 

sanitary  conditions 268,  278 

Bulkheads 145 

Bureau  of  Combustibles 209 

Butter,  sale  of 54 

Cabs  and  carriages,  licenses,  rates  of  fare 

and  regulations 63-70 

Cattle  running  at  large 26 

Cement,  quality  of 117 

Cesspools 252 

Chained  wheels  on  trucks  or  vehicles 13 

Children  on  streets  at  night 13 

driving  vehicles 19 

Chimney  flues 137 

Circus,  license  for 39 

Cisterns,  construction  and  licensing 190 

City  Clerk,  duties 5 

Coal,  sale  of 54 

Coasting 12 

Coke,  sale  of 54 

Columns  in  buildings 135 

Combustibles,  Bureau  of 209 

and  see  Inspector  of  Combustibles 

Commissioner  of  Charities 70 

Commissioner  of  Public  Safety 

» Bureau  of  Combustibles 209 

Cabs,  carriages  and  hackney  coaches.  68 

Disorderly  house 37 

Disturbance  in  street 36 

Fire  protection 58-60 

Fireworks 81-95 

Garages 198-209 

Health  Bureau 229 

Permit  for  foot  races 26 

Commissioner  of  Public  Works 

Designation  of  public  pound 26 

Disposal  of  animals 27 

Permit  for  rate  of  speed  for  bicycles 

and  tricycles 30 

removal  of  building 10,  11 

street  obstruction 6,  7 

street  opening 7 


Com.  of  Pub.  Works — Continued.  Page 

Removal  of  snow  and  ice 10 

Repair  of  sidewalks 10 

Sewer  and  drain  connections 56 

Shade  tree  planting  and  trimming 13 

Vaults  and  cisterns 190 

Common  Council 

Gas  mains  and  conduits  in  streets 8 

Journal  of  proceedings 5 

Permit  for  foot  races 26 

Shade  tree  planting  and  trimming 12 

Concrete 118,  151 

Conduits  in  public  streets 8 

Contagious  diseases 230-238,  269 

Cornices 145 

Corporation  Counsel 71 

Cows,  keeping 41 

Cream,  keeping  and  selling 244 

Crowds  for  unlawful  or  idle  purposes 36 


Dead  animals 38 

Dead  bodies 238 

Decayed  vegetables 38 

Defacing  building,  property,  tree  or  im- 
provement  37 

notice,  handbill  or  ordinance 38 

Deeds,  filed 5 

Definitions 114 

Demolishing  buildings 112 

Dirt 256 

Disturbance  in  street 36 

Docks  and  wharves 32-36 

Dog-catcher 62 

Dogs 60-63 

Drains 252 

Driver,  definition 25 

Drivers  of  coaches,  cabs,  stages,  etc 63-70 

Drying  rooms 144 

Engineers,  examination  and  licensing  of 

72-80 

Enlargement  of  buildings 110 

Entertainment  or  exhibition  on  Sunday — 39 

Entrances  to  buildings 139 

Excavations  in  street 8 

for  buildings 120 

Excursions 4 9-5  0 

Exhibitions,  buildings  for 144 

Expectoration  on  sidewalk 8 

Explosives,  use,  sale,  storage,  giving  or 

transportation  of 209 

Express  wagons  and  expressmen,  licenses, 
etc- 63-70 


Fairs  and  exhibitions,  buildings  for 144 

Fences,  barbed  wire 13 

Filing  plans  for  building 279 

Filth 256 

Firearms,  possessing 41 


Ill 


Page 

Fire  escapes 139 

limits ----- 179 

Firemen,  examination  and  licensing  of 

72-80 

Fireplaces 137 

Fireproof  buildings 116, 146 

Fires  and  fire  protection 58-60 

Fireworks,  firing  of 37 

manufacture,  transportation, 

sale,  storage  and  use  of 81-95 

subject  to  seizure 212 

Floor  lights 140 

Floor  loads 157 

Food  and  drink 243 

F oundations 120-124 

Frame  buildings 115,  182 

Fruits,  sale  of 54 

Gambling  house 37 

Garages,  maintenance  and  use  of 198-209 

Garbage 256 

Gas  mains,  permit  for  laying  and  repairing 

7 

Getty  Square,  peddlers  in 44 

traffic  regulations 21-24 

vehicles  stopping  at 20 

vehicles  turning  and  back- 
ing  16 

Girders 135 

Goats,  keeping 41 

running  at  large 26 

Grain  elevators 143 

Gutters  and  drains  discharging  on  side- 
walks  8 

Hackney  coaches,  cabs,  stages,  drivers 
and  expressmen,  licenses  and  rates 

of  fare 63-70 

Hay  and  straw,  exposed  for  sale 13 

sale  of 55 

Health  Officer,  duties  of 229,  231,  233 

powers 230 

Heating  apparatus 144 

Horse,  definition 25 

Horses,  running  at  large 26 

unattended 18 

Hotel,  definition 114 

water  closets  in 253 

Ice,  from  unclean  water 251 

sale  of 54-55 

storage 143 

Infectious  diseases 230-238 

Inspection  of  milk 247 

Inspection  of  steam  boilers  and  engineers 

72-80 

Inspector  of  Buildings 186 

Inspector  of  Combustibles 

Appointment 213 


Inspector  of  Combustibles — Continued. 


Page 

Explosives 209 

Fireworks 81-95 

Garages 198  -209 

Inspectors  of  hacks 68 

Interment 238 

Iron,  quality  of 119 

Iron  and  steel  construction 148 

Journal  of  proceedings  of  Common  Coun- 
cil  5 

Board  of  Estimate 6 

Junk  shops 46-49 

Kite-flying  on  streets 12,  26 

Labor  and  supplies  for  the  municipality.  _ 228 

Lewd  women 39 

Licenses,  Auctioneers 43 

Cisterns 190 

Coaches,  cabs,  stages,  express 
wagons,  and  piano  moving 

wagons 63-70 

Combustibles 209 

Dogs 61 

Engineers  and  firemen 7 2-80 

Excursion  parties 49-  50 

Fireworks 81-95 

Junk  shops 46-49 

Peddlers 43  -44,  53 

Picnic  grounds 49 

Powder 226 

Steamboats 49 

Theatrical  representations,  cir- 
cuses, shows  or  exhibitions. . 39 

Vaults  and  cisterns 190 

Vehicles  for  transportation  of 
passengers  for  hire  upon 

designated  routes 68-69 

Light  and  ventilation  of  tenement  houses.271 

Lights  on  bicycles  and  tricycles 30 

hackney  coaches,  carriages  and 

cabs 65 

motor  vehicles 27 

sleighs 66 

vehicles 19-20 

Maps  filed 5 

Manufactory,  water  closets  in 253 

Marriages,  reports  of 242 

Materials  in  buildings,  quality  of 116 

strength  of 159 

Measures,  sealing  and  inspection 50-56 

Measurements  in  buildings 113 

Meats,  sale  of 54 

Midwives,  registration  of 232 

registry  of  births 242 

Milk,  keeping  and  selling 55,  244 

Mortar,  quality  of 117 


IV 


Page 


Motor  vehicles,  brakes 27 

cut-outs  on  mufflers 24 

lights 28 

rate  of  speed 28 

signalling 28 

Motormen  on  street  cars 27 

Mufflers  on  motor  cycles  or  motor 
vehicles 24 

Noises  by  iron  or  materials  on  wagons. __  19 

in  the  streets  or  elsewhere 36 

Notice  of  appointment  to  office 6 

Notices,  distributing,  throwing  or  drop- 
ping on  streets 40 

posting  on  house,  wall,  fence, 

post,  tree,  etc 40 

publication  of 6 

Nuisances 36-42,  265 

Nurses,  registration  of 232 

registry  of  births 242 


Obstructions  on  sidewalks 6,  9 

to  drains,  ditches,  gutters, 
sewers  and  navigable  wa- 
ters  8 

Occupants  of  buildings,  order  to  reduce 

number  of 270 

Offensive  occupations 262 

odors 254 

Officer,  obstructing,  in  execution  of  duty.  40 

Oils,  to  be  inspected  and  tested 59 

Ordinances  entered  in  journal  of  Common 

Council 5 

publication 6 

Oyster  or  clam  shells 38 


Papers  filed  in  City  Clerk’s  office 5 

Parades 41 

Partitions 125 


Paving  materials,  standard  requirements 


for 95-110 

Peddlers 43-44,  53 

Performances  on  Sunday 39 

Permit,  building 111 

for  sale  of  milk 244 

Physicians,  certificate  of  death 239 

registration  of 232 

registry  of  births 242 

reports  by 233 

Picnics 49 

Piers 123,  125,  144 

Places  of  assemblage,  construction  of 165 

Plans  for  building,  filing  of 111,  112,  279 

Plumbing 230 

Pollution  of  streams 264 

Poor  relief 70 

Poultry,  sale  of 54 


Page 

Pound-Keeper 60-63 

Powder 209,  237 

Preliminary  requirements  for  buildings 110 

Private  dwellings 114 

Privies 252 

Prize  packages  of  merchandise 40 

Processions 41 

Prostitution 39 

Public  buildings.  165 

Quality  of  materials 116 


Races,  foot  or  other,  on  public  streets 26 

Raising  buildings ^ 178 

Rate  of  speed,  bicycles  and  tricycles 30 

motor  vehicles 28,  31 

Rates  of  fare  on  accommodation  coaches, 

stages  or  vehicles 69 

on  carriages,  cabs,  hackney 

coaches d 66-68 

on  omnibus  automobiles 27 

Register  of  diseases 231 

Registration  of  physicians,  nurses  and 

mid  wives 232 

Reinforced  concrete 151 

Removal  of  buildings 110,  178 

Repair  of  buildings 110,  112 

Resolutions  entered  in  journal 5 

Retaining  walls 121 

Right  of  way  on  streets 17 

Riots  in  the  streets 36 

Roadbeds  of  streets 25 

Roofs 145 


Sand,  quality  of 117 

Sanitary  Code 229-282 

Adulterated  food 250 

Animals  diseased  and  dead 260 

Births,  reports  of 242 

Boarding  house,  water  closets  in 253 

Buildings,  sanitary  and  safe  condi- 
tion  268,  278 

Cesspools 252 

Commissioner  of  Public  Safety 

order  to  reduce  number  of  occu- 
pants   270 

order  to  vacate  buildings 269 

reports  to 229 

Contagious  diseases 230-238,  269 

Cream,  keeping  and  selling 244 

Dead  bodies 238 

Dirt 256 

Drains 252 

Factories,  water  closets  in 253 

Filing  of  plans  for  buildings 279 

Filth 256 

Food  and  drink 243 

Garbage 256 


V 


Sanitary  Code — Continued  Page 

Health  Officer,  contagious  and  infec- 
tious diseases 239 

duties 229,  231-  233 

powers 230 

register  of  diseases. __231 
report  to  Commis- 
sioner of  Public 

Safety 229 

Hotel,  water  closets  in 253 

Ice  from  polluted  or  unclean  water. _ 251 

Infectious  diseases 230-  238 

Inspection  of  milk 247 

Interment 238 


Liabilities 281 

Light  and  ventilation  of  tenement 

houses 271 

Lodging  house,  water  closets  in 253 

Marriages,  reports  of 242 

Midwives,  registration  of 232 

registry  of  births 242 

Milk,  keeping  and  selling 244 

Nuisances 265 

Nurses,  registration  of 232 

registry  of  births 242 

Occupants  of  building,  order  to  re- 
duce number  of 270 

Offensive  occupations 262 

odors 254 

Penalties 281 

Permit  for  sale  of  milk 244 

Physicians,  certificate  of  death 239 

registration  of 232 

registry  of  births 242 

reports  by 233 

Plans  for  buildings,  filing  of 279 

Plumbing 230 

Pollution  of  streams 264 

Privies 252 

Register  of  diseases 231 

Registration  of  physicians,  nurses 

and  midwives 232 

Remedies,  legal 281 

Tenement  house,  deposit  of  bones, 
decayed  food,  clam  or  oyster 

shells 255 

light  and  ventilation  of 271 

sanitary  condition  of 268,  278 

water  closets  in 253 

Vacate  buildings,  order  to 269 

Vaccination 236 

Vaults 252 

Ventilation 230,  268,  271 


Page 

Scales,  sealing  and  inspection 50-56 

Scavenger 258 

Scuttles 145 

Seal,  corporate 5 

Sealer  of  Weights  and  Measures 50-56 

Sewage  running  into  street 39 

Sewer  and  drain  connections 56-58,  252 

Shed  coverings. 141 

Sheds 143 

Sheep  running  at  large 26 

Shows  on  Sunday 39 

Sidewalks,  flagging  of 12 

rate  of  speed  crossing 26 

repair  of 10 

riding  bicycles  and  tricycles 

on 31 

riding  horseback,  bicycle  or 

wagon  on 12 

to  be  kept  clear  and  clean 10 

wheelbarrows  and  hand-carts 

on 11 

Signs  and  showboards 182 

Skylights 140 

Slaughtering 262 

Smokehouses 144 

Snow  and  ice,  to  be  cleared  by  owner 

9, 10 

to  be  cleared  by  street  rail- 
way company 31 

Soils 122 

Speed,  rate  of,  bicycles  and  tricycles 30 

motor  vehicles 28 

v vehicles 26 

Stables 254 

Stairs 139 

Stands,  public,  for  carriages,  cabs,  express 

wagons,  etc 64-66 

Steam  boilers,  inspection  of 72-80 

Steel,  quality  of 119 

Steel  construction 148 

Streams,  pollution  of 264 

Streets,  animals  running  at  large 60-63 

definition 25 

general  provisions 6-32 

peddlers,  hawkers  or  hucksters.  _ 44 
Street  paving,  standard  requirements  for 

95-110 

Street  Railway  Company 266 

See  Trolley  Cars 

Strength  of  materials 159 

Sunday,  giving  performance,  entertain- 
ment, exhibition  or  show 39 

sale  of  newspapers 37 

Supplies  for  the  municipality 228 

Surveys  filed 5 

Swine,  keeping  without  permit 40 

running  at  large 26 

Temporary  supports 157 


vi 


UNIVERSITY  OF  ILLINOIS-URBANA 


3 0112  061691801 


Page 

Tenement  house,  definition 114 

deposit  of  bones,  de- 
cayed food,  clam  or 

oyster  shells,  in 255 

light  and  ventilation  of  _271 
sanitary  condition  _268,  278 

water  closets  in 253 

Tests  of  materials 118 

Theatres,  construction  of 165 

Theatrical  representations,  license  for 39 

Throwing  stones,  sticks  or  missiles  in 

street 38 

Timber,  quality  of 117 

Tires,  width  of 13 

Towers 144 

Tree,  fastening  horses  to,  or  injuring 12 

Tree  planting 12 

Tricycles,  lights,  signals,  rate  of  speed 

and  coasting 30 

Trolley  cars,  fenders 42 

flat  wheels 42 

motormen  to  receive  in- 
struction  27,  42 


Trolley  cars,  cont’d  Page 

open  cars 42 

removal  of  snow  and  ice 31 

right  of  way 17 

sanitary  provisions 266 

stopping  in  Getty  Square  _ _ 20 
stopping  at  street  corners.--  24 
Trusses 136 


Undertakings  filed 5 

Vacate  buildings,  order  to 270 

V accination 236 

Vaul  s,  construction  and  licensing 

134,  190,  252 

Vegetables,  sale  of 54 

Vehicle,  definition 25 

Vehicles  and  street  traffic 14-32 

Ventilation 230,  268,  271 


Walls 121,  125 

Weights  and  measures,  sealing  and  in- 
spection  50-56 

Wharves  and  docks 32-36,  143 


